Loading...
HomeMy WebLinkAbout09/15/2020• �LOR� A D BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 15, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan g Commissioner Bob Solari This meeting can be attended virtually via Zoom. Instructions can be found included with this agenda and also online at www.iregov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Jim Gallagher, Calvary Chapel of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Vice -Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of . Proclamation Designating September, 2020 As Suicide _ Awareness Month ; Attachments: Proclamation 6. APPROVAL OF MINUTES,,_ 6.A. Regular Meeting of June 2, 2020 6.B. Regular Meeting Minutes of July 7, 2020 September 15, 2020 Page 1 of 7 4: 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Notice from the City of Sebastian regarding Ordinance 0-19-04, Notice of Annexation of 1,118 Acres, a copy of the Ordinance with a map and legal description of the property is on file for review in the Office of the Clerk to the Board. Attachments: City of Sebastian Letter 7.B. Order PSC -2020 -0293 -AS -EI approving settlement agreements submitted by GPC, FPL, Duke Energy and TECO and final order approving TECO's motion to approve revised tariff; Dockets 20200067, 20200069, 20200070 and 20200071 to be closed; Docket 20200092 -EI to remain open, is on file with the Clerk to the Board. 7.C. Update on Brightline Trains Expenses Attachments: Staff Report Brightline Trains Expenses 8. CONSENT -AGENDA 8.A. Checks and Electronic Payments August 7, 2020 to August 13, 2020 Attachments: Finance Department Staff Report 8.11. Quarterly Investment Report for the Quarter Ending 06/30/2020 Attachments: Investment Committee Report 8.C. Quarterly OPEB Trust Report for the Quarter Ending 06/30/2020 Attachments: Investment Committee OPEB Report 8.D. Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/2020 Attachments: Tourist Development Tax Quarterly Report 8.E. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 06/30/2020 Attachments: Traffic Education Fund Staff Report 8.F. Checks and Electronic Payments August 14, 2020 to August 20, 2020 Attachments: Finance Department Staff Report 8.G. Checks and Electronic Payments August 21, 2020 to August 27, 2020 Attachments: Finance Department Staff Report 8.11. Checks and Electronic Payments August 28, 2020 to September 3, 2020 Attachments: Finance Department Staff Report September 15, 2020 Page 2 of 7 8.I. Award of Bid 2020049 for Data Flow System Antenna and Tower Replacement Attachments: Staff Report Expert Protest Memo Response to Expert Protest Sample Agreement 8.J. 2020/2021 State/County Contract Indian River County Health Department Attachments: Staff Report Health Dept Contract Cover Letter Health Dept Contract Health Dept Contract Attachments 8.K. Miscellaneous Budget Amendment 009 Attachments: Staff Report Exhibit "A" Budget Resolution 8.L. Ratification of Professional Services Agreement with SteepSteel, LLC Attachments: Staff Report Professional Services Agreement with Steep Steel, LLC 8.M. Approval of 2020/2021 State Funded Subgrant Agreement (T0097) To Update Indian River County's Hazards Analysis Attachments: Staff Report Grant Form Hazards Analysis State -Funded Grant Agreement Draft 8.N. Renewal of Lease Agreement 26015 1 st Avenue, Vero Beach, FL 32966 Tenants: Nick Pappas and Ember Pappas Attachments: Staff Report Renewal of Lease Agreement 8.0. Right -of -Way Purchase - 58th Avenue/37th Street Intersection 5780 36th Lane, Vero Beach, FL 32966 Owners: Jennifer L. Schoenfeld and Heath Schoenfeld Attachments: Staff Report Purchase Agreement 8.P. Right -of -Way Purchase - 58th Avenue/37th Street Intersection 3745 58th Avenue, Vero Beach, FL 32966 Owners: Wayne C. McClain and Nancy A. McClain Attachments: Staff Report Purchase Agreement September 15, 2020 Page 3 of 7 8.Q. FDOT Amendment Number Two to County Incentive Grant Program (CIGP) Agreement FM No. 431759-2-54-01 and Resolution Authorizing the Chairman's Signature for the Construction of Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853 Attachments: Staff Report Authorizing Resolution Amendment 2 to CIGP Agreement 8.R. Carter & Associates, Inc. Work Order Number 3 - South Prong Preserve Design & Engineering Services Attachments: Staff Report WORK ORDER 3 - Carter Associates, Inc Scope of Services 8.S. DiVosta Homes, LP's Request for Final Plat Approval for a Subdivision to be known as Magnolia Court at Waterway Village PD Phase 2 [PD -13-03-03 / 2004010124-86812] Attachments: Staff Report Location Map Final Plat Layout 8.T. Acceptance of a Florida Department of Environmental Protection (FDEP) FY 2020-2021 Florida Resilient Coastlines Program (FRCP) Resilience Planning Grant (RPG) Attachments: Staff Report Table of FY 20-21 RPG Grant Awards Grant Form Budget 8.U. Amendment No. 5 to Agreement for Professional Services with Bowman Consulting Group, Ltd., 58th Avenue Reclamation 57th Street to 85th Street (IRC -1325) Attachments: Staff Report Amendment No 5 with Bowman Consulting Group 8.V. Award of Bid #2020051, Annual Bid to Furnish and Deliver Polymer Attachments: Staff Report 8.W. Ratification of Cash Deposit and Escrow Agreement with regard to Blue Goose Construction LLC's Guarantee to Complete 16 -Inch Valve Replacement Along U.S. Highway 1 Near 65th Street under Continuing Contract Agreement Attachments: Staff Report Cash Deposit and Escrow Agreement September 15, 2020 1 Page 4 of 7 8.X. Ratification of Amendment to Cash Deposit and Escrow Agreement re Increase in Posted Security for Fourth Phase Restoration - Wild Turkey Sand Mine Attachments: Staff Report Amendment to Cash Deposit and Escrow Agreement 8.Y. Ratification of Emergency PO (86941) to Trane U.S. Inc. for Courthouse A/C Chilled Water Air Handler Refurbishment Attachments: Staff Report PO 86941 TRANE Quote 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie Swan re: to seek approval to roll the revenues received from conducting the September 15, 2020 City of Sebastian Recall Elections back into the Supervisor of Elections 2019/2020 budget Attachments: Municipal Recall Election Reimbursement -Supervisor of Elections 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Face Covering Ordinance Attachments: Staff Report Draft Face Covering Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for September 22, 2020 to Consider the Adoption of an Ordinance to Amend Chapter 102 of the Code of Indian River County - LEGISLATIIVE Attachments: Staff Report 10.C.2. Notice of Scheduled Public Hearing for September 22, 2020 Board Meeting - LEGISLATIVE Attachments: Staff Report 10.C.3. Public Notice - Public Hearing - LEGISLATIVE Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services September 15, 2020 Page 5 of 7 C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Resolution of Necessity for a Temporary Construction Easement Located at 6600 65th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani Attachments: Staff Report Proposed Resolution with Sketch and Description 13.11. Unconditional Offer for a Temporary Construction Easement Located at 6600 65th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani Attachments: Staff Report 13.C. Acquisition of Right-Of-Way Parcel 109 for Phase III of 66th Avenue Improvements from Christine and Billy Jackson, 6805 66th Avenue Attachments: Staff Report Pre-Suit Mediation Settlement Agreement 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. Discussion on Pine Tree Park Storm Water Drainage Attachments: Commissioner's Memorandum D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari F. Commissioners Open Dialogue 14.F.1. Commissioners Open Dialogue Attachments: Memorandum 15. SPECIAL DISTRICTS AND BOARDS September 15, 2020 Page 6 of 7 A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting July 7, 2020 15.B.2. Agreement with Republic Services for City of Palm Bay Recyclables Attachments: Staff Report Recyclables Agreement with Republic Services 15.B.3. First Amendment to the Interlocal Agreement with St. Lucie County Attachments: Staff Report First Amendment to Interlocal Agreement C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircjzov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. September 15, 2020 Page 7 of 7 ff�mm [Elm 'OT11, �a PROCLAMATION DESIGNATING SEPTEMBER, 2020 AS SUICIDE PREVENTION AWARENESS MONTH WHEREAS, September is Suicide Prevention Awareness Month, which directs the community's attention to this public health epidemic destroying lives, whole families and sometimes entire communities; and, WHEREAS, suicide is the second leading cause of death in the U.S. among individuals age 10 to 34 -years -old; and, WHEREAS, suicide is the tenth leading cause of death overall in the U.S., claiming the lives of over 47,000 people annually; and, WHEREAS, on average, there are 123 suicides a day or 1 every 12 minutes. In Indian River County, there were 29 suicides in 2019 or 1 death every 12.6 days; and WHEREAS, suicide is the only type of death that is 100% preventable; and by offering the public education, data, support, and services we as a community have taken a step toward preventing another suicide by our residents; and, WHEREAS, we are honored to be part of the healing process, supporting services and addressing mental health illnesses and drug and alcohol addiction, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that September, 2020, be designated as SUICIDE PREVENTION AWARENESS MONTH in the County of Indian River, Florida and ask all residents to learn how they may help, because suicide prevention is everyone's business. Adopted this 15th day of September, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan 1 01YOF s E�LAv HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 (772) 388-8215 jwill iams(a7.cityofsebastian.org August 9, 2020 Jeff Smith Indian River Clerk of Circuit Court 2000 16" Avenue, Room 227 Vero Beach, FL 32960 RE: Ordinance No. 0-19-04 — 1,118 Acres in Indian River County Dear Mr. Smith: Please be advised Nineteenth Judicial Circuit Court has ruled in favor of the petitioners in the 190" Judicial Circuit Case No. 19 -AP -142 and determined the annexation of the Graves Brothers Company's 1,118 acres located in Indian River County to be quashed. Enclosed is a copy of the ordinance with a map and legal description of the property along. If you have any questions regarding this contraction, please do not hesitate to contact the Community Development Director, Lisa Frazier, at (772) 388-8228. jnS,*nerelyette Williams, MMC City Clerk 10 Enclosure: Ordinance No. 0-19-04 2 3120190051303 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3234 PG: 1725 Page 1 of 19 8!292019 2:02 PM ORDINANCE NO. 0-19-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 1,118 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74" AVE ROW, NORTH OF 69TH STREET ROW, AND EAST OF 82ND AVE ROW; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of real property in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian to be voluntarily annexed into the municipality; and WHEREAS, the City Council of the City of Sebastian, Florida finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property as shown on "Exhibit 1" containing 1,118 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. 1 RAM Section 4. NOTICE. That notice of this ordinance has been posted in accordance with Section 171.044, Florida Statutes. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. EFFECTIVE DATE. Following its adoption and recordation, including the Annexation Agreement attached hereto as Exhibit 2, executed by all parties, this Ordinance shall become effective. The foregoing Ordinance was moved for adoption by Councilmember Hill _ The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Iovino Mayor Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert lovino Councilmember Bob McPartlan ave aye aye aye aye The Mayor thereupon declared this Ofdinance duly passed and adopted this 28,' day of August, 2019. 2 1..b ATTEST: CITY OF SEBA III N, FLORIDA By: men Jim Mayor ��'.,:,#' , r ,;� a. i l irm and legality for City of Sebastian y Attorney � -e L EXHIBIT I OVERALL SITE AREA - INCLUDING RIGHTS OF WAY. GRAVES MOTHERS SCHULKE, BiTnE & STODDARD, L.L.C. .,T, SEBASTIAN S�.ASTIA. ._T,.. LfAZ.HEXA: EXHIBIT 1 arvER VERO BEACH. RMM, awn a,d M az¢ roc a W Q 0. H K 0)0-8 IL Z W CL CO Z IL W< 0 00 5 z m Z OLU Z IX Q' L% F W 0'0 a_ z 0 wz;�xw,�rwroKra,xz wj_oo LLw}Jz;.,LLr WF- wSwwJO�r�Ot,¢r zm F- P o w r Q W r N W S N r O U W O U Q Q- p O m U 2 2 Z O U r 2 T a W W U rNp Z C7 >0i,D wz w oo ul�3�❑i�ww�w W Z_0 rp d 2 Z W r r Z W> 0NpJjU'w Oo F°❑OU❑O❑ORR.oxoNLLI UFOLLZNprKOZ- FmOU m OSZO OUZ�w06 K � my U'S s ❑�w¢�ii-�yw0°°¢�xR wL voi°F¢-❑r g0 =F a¢¢i -11) 3: r�rzcwi : '.w t- F- LL Fx-- _ W LLMNLL KOLLix❑Zz 2mrLLLLU❑rU' DKK❑ W O W W �Ox 7� W J("> Wp zen Z'Q gOy uri Qt/1 O F Z O<¢ °J ~ O O Q U Z W W N r a Z W F W to N U O O<zr N ZJ N �! K °U 0 2 N O y O Q 0 Z U a W W r J to Q K W tO W LL 00 U_ m f% ❑} Z Z N N w Z° ONIN LL W W r❑ LL N a s h rZYrLL�NLL°�OZNr OO LLF¢Nwz 2�m}0❑ZOmWOmO<NOJKtnOOWOW Www Jn z f/1O� NO W W OQ UOOO W �ON�tN1 `r °nQ�OU>OUQNJ W a>LL F -<O W.- O m Z❑ Z -->$ W.Z w w Z O LL o Z Q$ 2 K O x go I W 0 0 0 W O F O m O p X W a ww � Q W} W= Q a K v �WZNaavap0 xC90 ¢ - orp¢��rwLL¢ �¢¢a2 �rril3 W�OawrO OO o ULL OONOON W Z=)� Zu'iUNfdN °OLL�.R S�Q W W pN xu W DSI O W tyz "m dLL N <Or WMQ?.QYp)ZSLLNa3&�Z2Q ^Fzw�F=�a aiawWOywOZ� WOZ W�� ~ jW ¢jw } rZQ =F.O W ❑O rlx-Z W Q W a W FZo❑ Vx-om O❑❑x> r rxo-Om aZ ofD3 2w z_¢O_� Lu OWttyJLL,JLLp Kr QO=ZF. oowZr,WLLa❑ooF¢3W OQ¢�=Zw'-prUF,zr': 0 tnmLL N LL OU ZQOZaF-❑ly �rF w0 a0 W W W w8c. Fr UR'lil ZZ('JZyr36. WU` wow<mMOm 0¢ a ❑W ❑ D7 3= K 3 xU' W° O Z F 0 a 7 Z~ G W N Y z W t4 Z J P x Z J° W O 3 a Q Z Q O Z O w C� 2 2 Q W LLO 9 LLO w❑ N J 0 = W O J O O LL K } U F K d W U Q N ¢ x Q 2 W '� z O= 0 p❑ LL U U S Q v f' Q a v x m O r W m W Z m Q 1� W Z a W p y Z� W p LL 0 N r m U}- m Z.K ``Sz0Ww=Nw=�30 1iu.�zz�LL�^°¢❑r��F3zNrxz�<�¢0YzoWoLu I¢�a wzZ O °J W S �= x �= O LL Q O LL w O O O 2 W O LL Z U W Q O O LL r Z O O O 0 r'W O O O J W LL Q N LL Z 2 O Q rLLor� r�zoLLUo3om�rLL�oJ�❑wN°Uo?¢vrUo?m�mU¢LLaU❑oQ roU r W W W Z U Z Z Q LL r= 0 W❑ LL❑ O Q❑ Z❑ r m �❑❑ S J� (q Z W W W LL LL� Z F Q W LL p LL LL W r r Z N LL to x Z v J O O O to r Z U' O W Z❑ W O- to � Z w qrq a w a o x U (7 - O w- r U O r 0 0 0 m Z p� 0 r J Z' W�� fO Q W w O O Q fp K K K LL m N W H O 6- S Z m❑� r Z Z y w Y❑ N Z a Q W ❑ 0>-- J Z LL pw) W Q J W N Q N LL W Q F g F - U LL M z r W Q❑ W 2 N O F 2 w< > Z> Z D❑ p W 2 Z W Z S �-IL j 2 r�QOWZoz 02 XUWre-N❑°LL'Gc-WWZOLLr,QW¢yWZZKU . >Jr'0NLLr::!- R-VZOm❑ LL LLO F�� H>. v Z z a 3 W W °U Q, Z a Z Z= LL p}p y p K Y W= Q O NJ F W N v Z y Q 0 y o = 0 a O r J LL ' � a W- Z Z w Z w 0 J W r 0❑❑ U i U O x j W S N U N O Q m O o W r ZO N S r¢ O o W Z m y N J Q N �Oj r U th x r O Y N W Q U r y m 8 O W❑ m W N P w N LLo Om MW N_ N tnLLrRQ�o-M<o QQ Q���noONUr>NOOmO❑atnmz�3mw❑QOU w❑oO y.❑O r"xy� LL wgQ o tnrzOx oN tnp��oLL z z-¢wt7ZFt mwOLLOfZ xzr W° 0❑ O WU' F}- g U h to ~ 0 2° m .LLJ W W W a r¢ s¢ m W U W Q m (7 o m 0 LL a Z y z Q 66 W z .� <<o 3Ix ru ¢°~�oz�Qoox��❑?z°Q3=07awzOOLLzQCY�Fxaf�OQ00-Q- 'Oz O N LL] tr Y O Q p W r O Z r N Z❑ O LL XO p W r N r OLL a Q w¢ W N tQ W Z U Z Z r a S QZLLSm LL'r W wa W U0r W IL o -or W tO w9 W ZQa.❑wa O� ¢ y�w�QO� Jr°OZO�Na SO- m ❑ O LLQ ❑N O Z m rLL, K Z¢ o m❑- w m m N x K z❑ Q Q O_ YS- Z W❑ LL m W O Z of W m¢ g W r U: WLL;jO O J Z 0=❑ O W OJZQWwaW�OZNr0 7:0°7 W❑Wrr O°a r�u�LL J`-'+z"wWasw�QZ;WUra tW'1 m>-,-x,NLL W 2102,N W N W W Qp❑zoOo>❑NwN W lQw W Z W ()Z r'(M LLIxO SOF pp 20aZ W 2 3} W o }o O? m O W Q w J. o^ O O Z W p a O O M C N K Z❑ O Z Q x w K zow O v Z =013:Z twn J O r w N O Z W O w N' W❑ o p U 0 LL .o G z Z O U 2 M o Z W = Z O F V U= Z 7❑ S Q o_ p o N �- W Q W to ° zl -), W w K 2tAZ W O W W'OO LL W W xO W <w W P:zW (OJNOya OZIL mUQ0 W QQLL❑Ox W E N r Z Q °U o❑ W Z W Z D U U Q W d 0 U N �i c a W O M p �i Z W W W j W U W Z U W m} O x U 2_ LL¢x W,O Z-QZQaLLWW}❑WOOW000,xc< �OOOOZN2wW>SOw xu- aON~WO rLL' ODU KtAQ❑[r Jd'(/1Ommm_❑Um a]U W rv, r LLOOrU LL'J C')rJ ❑JrKtA r LL tO�NN 2 to �LLJ ZzNr�O�ua¢z�W¢�NUm'°ar W yNO� l- WZ�awoLL4ZO�mowoLLQQaLLLL MjLL cr ix< °11'❑F=�NWp°U3w�o LL Or�O Oxm❑ aoZ2NNro 20awwbLLrNZ O . M o 0 ZO O Y K Q m S U' Z a Z N m d } O O❑ O QQ Z O a W z°Ww Wa2wwZZ�WWUOpYQ�Q9^OLLW _ N_ Q Z r W U° z_ LL J W O a Z W Z ai K O 0 Y= F.U nO - 0 U m LL° U C3 Q F Z 4 z O N Z W O� O F> p r O W p F to m O r R§ LL o a r J U O❑❑ <G p LL p w❑ O m 2 o Z a Q K N O N N O LL W ❑ W r Z O r} LL ❑ Z r- 0 2 0 8❑, m p W% s W LL N mm -.f Uor Z-00Orow�O�}wor LLYWFxZ O 00 a 7 2Z U-❑ OZw❑ r y tN LL O O 0 Q M28 -1,Z0 W Z W r tp W LL 'Or¢❑JcrowWerK <,6> to>3Z- mzU .L Ot-CLLZ F QUr°x' OLLz_ 0MHV^ � z Z<00- O� O WoLLwO} gWZoW WmLLZF❑OLL�OwNW❑z LOzLQZpr❑ z❑xQp- Pmz❑Wmwlw� j -0g OW �OaLLwQ¢- Umw U -OPO 2rZ�rr¢S)OyCJ QDOmUWU0 LLooOOZJW QOW OWNw p y J❑ U 00 ❑ QKtlm UqWLLUZmmLLtioKK° OLL ra LLLL W e -J LL2QZJ Z zr:,z W Q;jx W J mOOxQOr Oa�Ow'�Zr¢rxQ wWWrZUNozoWmyLLJ�7rzOrz ^zzOULL�N�wrwWc�a }W¢O Q J¢ OOz}r�Zr�U3WUm�U o}tn Z_J? W OaWg W W M J 0 LL1 2W J m3 ❑ J J W UKP J W F Ji =06'Kv�LL¢ r W aQQWW R' o°wo<W WN jj} wr Zn W O W I�L 0 a W i Q zol— w xf7 LL LL W QO r W ❑_ Qto z° F r K x r K 5 0 2i r- LL m z a r LL 0 n N x U a r a r�1I= W= O❑ Z O F LL a° (aA Zj �U QOO SOJLL'N W },Ww W W Z LLQ ZO�r❑��JOrQWZj3� OQZOHw W 0 O� W O Q } LL U W O S a Q O aw <<Z >- 6EZi F(� ¢2i OR Np JOmC�LL W �(7 W LtIJOjZ�i r -o ow W UQK LL'Oe x� W SJxpJLL LL =K W Z �m0w W-.;rww OOba=?3O x � N 2 2Za�QaOZ'Z=ZF-N J ca0UU2 �moUa� UO❑F'ZD WW >rn LL Q N to < K? o❑ O m Q U m 0 r r K> N O r w Z • 1 I I li I I I I + I m Ipp.. I (Cl9i 1 I' I I I I w a� m Yn Taox I .Fj I I o DmyN ( I '�qz0 I!: �I I r w.51°mr��aamA +sem 1 � I ' I N O m ;O CO m� IS o� I Z�m mG I i 22 mY� o Iia I , D rr z ;a o -- - — - — --- F o D m N mnz snn NA rOmz OOD Dz-� - _�_ --- -- L---- rn O m 8 PUNY r " : ®as- • 1 'u'.i� 3 5 I I � m ' i'•%, III+ I1 w OD InOso-i'Co -AlI c0 n< b na. i � aw,� I •s ZOCp� rn II I :/lir II I- 1 I mA=2 A S P m N N II I • N � r r�cu`ts�zts�zuzu DOCUMENT NO. 05279.-2020 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Review of 2020-2029 Storm Protection Plan pursuant to Rule 25-6.030, F.A.C., Tampa Electric Company. In re: Review of 2020-2029 Storm Protection Plan pursuant to Rule 25-6.030, F.A.C., Duke Energy Florida, LLC. In re: Review of 2020-2029 Storm Protection Plan pursuant to Rule 25-6.030, F.A.C., Gulf Power Company. In re: Review of 2020-2029 Storm Protection Plan pursuant to Rule 25-6.030, F.A.C., Florida Power & Light Company. In re: Storm protection plan cost recovery clause. DOCKET NO. 20200067 -EI DOCKET NO. 20200069 -EI DOCKET NO. 20200070 -El DOCKET NO. 20200071 -El DOCKET NO. 20200092 -El ORDER NO. PSC -2020 -0293 -AS -EI ISSUED: August 28, 2020 The following Commissioners participated in the disposition of this matter: GARY F. CLARK, Chairman ART GRAHAM JULIE I. BROWN DONALD J. POLMANN ANDREW GILES FAY APPEARANCES: JAMES D. BEASLEY, J. JEFFRY WAHLEN, and MALCOLM N. MEANS, ESQUIRES, Post Office Box 391, Tallahassee, Florida 32302 On behalf of Tampa Electric Company (TECO). DIANNE M. TRIPLETT, ESQUIRE, 299 First Avenue North, St. Petersburg, FL 33701 and MATTHEW R. BERNIER, ESQUIRE, 106 E. College Avenue, Suite 800, Tallahassee, Florida 32301 On behalf of Duke Energy Florida, LLC (DEF). ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 2 RUSSELL A. BADDERS, ESQUIRE, One Energy Place, Pensacola, FL 32520 and JASON A. HIGGINBOTHAM and JOHN T. BURNETT, ESQUIRES, 700 Universe Boulevard, Juno Beach, Florida 33408-0420 On behalf of Gulf Power Company (Gulf). CHRISTOPHER T. WRIGHT and JOHN T. BURNETT, ESQUIRES, 700 Universe Boulevard, Juno Beach, Florida 33408-0420 On behalf of Florida Power & Light Company (FPL). JON C. MOYLE, JR. and KAREN PUTNAL, ESQUIRES, 118 North Gadsden Street, Tallahassee, Florida 32312 On behalf of Florida Industrial Power Users Group (FIPUG). JAMES W. BREW and LAURA WYNN BAKER, ESQUIRES, Stone Mattheis Xenopoulos & Brew, PC, 1025 Thomas Jefferson Street, NW, Eighth Floor, West Tower, Washington, District of Columbia 20007 On behalf of White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate — White Springs (PCS). PATRICIA A. CHRISTENSEN, A. MIREILLE FALL -FRY, CHARLES REHWINKEL, and THOMAS A. (TAD) DAVID, ESQUIRES, 111 West Madison Street, Room 812, Tallahassee, Florida 32399-1400 On behalf of Office of Public Counsel (OPC). STEPHANIE U. EATON, ESQUIRE, 110 Oakwood Drive, Suite 500, Winston- Salem, North Carolina 27103 and DERRICK PRICE WILLIAMSON and BARRY A. NAUM, ESQUIRES, 1100 Bent Creek Boulevard, Suite 101, Mechanicsburg, Pennsylvania 17050 On behalf of Walmart Inc. (Walmart). RACHAEL DZIECHCIARZ and CHARLES MURPHY, ESQUIRES, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 On behalf of the Florida Public Service Commission (Staff). MARY ANNE HELTON, ESQUIRE, Deputy General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399- 0850 Advisor to the Florida Public Service Commission. KEITH C. HETRICK, ESQUIRE, General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 Florida Public Service Commission General Counsel. 2" n ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 3 FINAL ORDER APPROVING SETTLEMENT AGREEMENTS SUBMITTED BY GULF POWER COMPANY FLORIDA POWER & LIGHT COMPANY DUKE ENERGY FLORIDA, LLC, AND TAMPA ELECTRIC COMPANY AND FINAL ORDER APPROVING TAMPA ELECTRIC COMPANY'S MOTION TO APPROVE REVISED TARIFF BY THE COMMISSION: Background Section 366.96(3), Florida Statutes (F.S.), requires each public utility to file a transmission and distribution storm protection plan (SPP) that covers the immediate 10 -year planning period, and explains the systematic approach the utility will follow to achieve the objectives of reducing restoration costs and outage times associated with extreme weather events and enhancing reliability. Pursuant to Section 366.96(5) and (6), F.S., every three years the Florida Public Service Commission (Commission) is required to determine whether it is in the public interest to approve, approve with modification, or deny each utility's transmission and distribution storm protection plan filed in accordance with Commission Rule 25-6.030, Florida Administrative Code (F.A.C.). In addition, Section 366.96(7), F.S., requires us to conduct a proceeding, to be referred to as the storm protection plan cost recovery clause (SPPCRC), to determine a utility's prudently incurred plan costs and allow the utility to recover such costs through a charge separate and apart from its base rates in accordance with Rule 25-6.031, F.A.C. The following dockets were opened to address the SPPs for each of the electric utilities that are subject to the requirements of Section 366.96, F.S.: • Docket No. 20200067 -EI — Tampa Electric Company (TECO) SPP docket • Docket No. 20200068 -EI — Florida Public Utilities Company (FPUC) SPP docket • Docket No. 20200069 -EI — Duke Energy Florida, LLC (DEF) SPP docket • Docket No. 20200070 -EI — Gulf Power Company (Gulf) SPP docket • Docket No. 20200071 -EI — Florida Power & Light Company (FPL) SPP docket The FPUC SPP docket was closed by Order No. PSC -2020 -0097 -PCO -EI, issued on April 6, 2020; the remaining dockets were consolidated for the hearing. The Office of Public Counsel (OPC), Walmart Inc. (Walmart), and Florida Industrial Power Users Group (FIPUG) were granted intervention in the TECO, DEF, Gulf, and FPL SPP dockets. White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate — White Springs (PCS) was granted intervention in DEF's SPP docket. Docket No. 20200092 -EI (SPPCRC docket) was opened to address the SPPCRC for the utilities that submitted SPPs. OPC, Walmart, PCS, and FIPUG were also granted intervention in the SPPCRC docket. Gulf, FPL, DEF, and TECO entered into Settlement Agreements prior to the administrative hearing. Accordingly, we held an administrative hearing on August 10, 2020, to Z-3 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069-E1, 20200070-EI,20200071-EI,20200092-EI PAGE 4 hear oral argument from the parties in support of each Settlement Agreement to which it is a signatory, to admit testimony and documentary evidence into the record, and to consider each of the Settlement Agreements. A. Gulf and FPL Settlement Agreement On July 27, 2020, Gulf, FPL, OPC, and Walmart submitted a Joint Motion for Expedited Approval of a Stipulation and Settlement Agreement in the Gulf and FPL SPP dockets and the SPPCRC docket, and attached a Settlement Agreement to the Motion (Gulf and FPL Settlement Agreement). The Gulf and FPL Settlement Agreement, attached hereto as Attachment A, is signed and executed by Gulf, FPL, OPC, and Walmart (collectively, the Gulf and FPL Settlement Agreement Signatories). FIPUG took no position on the Joint Motion for Expedited Approval of a Stipulation and Settlement Agreement. PCS is not a parry to the Gulf and FPL SPP dockets. The Gulf and FPL Settlement Agreement Signatories contend that the Gulf and FPL Settlement Agreement resolves all matters in the Gulf and FPL SPP dockets, and also provides a partial resolution of Gulf and FPL's matters in the SPPCRC docket. The Gulf and FPL Settlement Agreement Signatories further contend that approving the stipulations set forth in the Settlement Agreement will promote administrative and regulatory efficiency in those dockets. The Gulf and FPL Settlement Agreement Signatories argue that when considered as a whole, the Gulf and FPL Settlement Agreement fairly and reasonably balances the interests of the customers and utilities, is consistent with the stated purpose and intent of Section 366.96, F.S., and is in the public interest. Key provisions of the Gulf and FPL Settlement Agreement include: • The Signatories agree that the record supports a finding that the following Gulf SPP programs are in the public interest, and that Gulf proceeding to implement the following SPP programs is not evidence of imprudence: o Gulf Distribution Inspection Program o Gulf Transmission Inspection Program o Gulf Vegetation Management — Distribution Program o Gulf Vegetation Management — Transmission Program o Gulf Distribution Feeder Hardening Program o Gulf Transmission Hardening Program, including Gulf's Transmission and Substation Resiliency Program and Gulf's Substation Flood Monitoring and Hardening Program • The Signatories agree that Gulf's pilot Distribution Hardening — Lateral Undergrounding Program, limited for the years 2020-2022 in the amounts reflected for those years in Gulf's SPP, shall be approved for the years 2020- 2022. For Distribution Hardening — Lateral Undergrounding Program activities for the year 2023, Gulf shall file an SPP update in 2022 in order to seek recovery of costs for such 2023 activities in 2023. The Signatories further agree that their consent to this pilot program under the terms of the Gulf and FPL Settlement ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 5 Agreement will not be binding upon or have any precedential value on any future lateral undergrounding program or projects that Gulf may propose in future SPPs or otherwise. • The Signatories agree that the record supports a finding that the following FPL SPP programs are in the public interest, and that FPL proceeding to implement the following SPP programs is not evidence of imprudence: o FPL Pole Inspections — Distribution Program o FPL Structures/Other Equipment Inspections — Transmission Program o FPL Feeder Hardening (EWL) — Distribution Program o FPL Wood Structures Hardening (Replacing) — Transmission Program o FPL Substation Storm Surge/Flood Mitigation Program, for the 10 substations identified in FPL's SPP on page 31 (See Exhibit No. 12 of the Comprehensive Exhibit List, Exhibit MJ -1, page 35 of 48) o FPL Vegetation Management — Distribution Program o FPL Vegetation Management — Transmission Program • The Signatories agree that with regard to FPL's Distribution Lateral Hardening — Undergrounding Program, FPL shall continue this program as a pilot through 2022 (Continued Pilot). The Signatories retain all rights to assert or challenge the reasonableness of FPL's projected costs and prudence of FPL's actual costs on individual projects under this program in the SPPCRC. For Distribution Lateral Hardening — Undergrounding Program activities for the year 2023, FPL shall file an SPP update in 2022 in order to seek recovery of costs for such 2023 activities in 2023. The Signatories further agree that their consent to this Continued Pilot program under the terms of this Gulf and FPL Settlement Agreement will not be binding upon or have any precedential value on any future lateral undergrounding program or projects that FPL may propose in future SPPs or otherwise. • The Signatories agree that approval of the Gulf and FPL Settlement Agreement does not include or imply a determination of prudence for any particular project under a given program. OPC retains the right to challenge the prudence or reasonableness of any projects or costs for any project submitted through the SPPCRC docket. • The Signatories agree that Gulf and FPL will work with Walmart to discuss and evaluate new potential SPP programs prior to filing its next SPP. • The Signatories agree that FPL and Gulf will not seek recovery of any SPP program O&M expenses incurred in 2020 or 2021 through the SPPCRC. FPL and Gulf will address the recovery of future SPP program O&M expenses in their next base rate cases, including whether such O&M expenses are to be recovered through base rates or through the SPPCRC. • The Signatories agree to the manner by which Gulf and FPL may seek recovery of and return on capital expenditures and assets related to the SPP programs approved in Docket Nos. 20200070 -EI and 20200071 -EI. Z-5 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 6 B. DEF Settlement Agreement On July 31, 2020, DEF, OPC, and PCS filed a Joint Motion for Expedited Approval of Settlement Agreement in the DEF SPP docket, and attached a Settlement Agreement to the Motion (DEF Settlement Agreement).' The DEF Settlement Agreement, attached hereto as Attachment B, is signed and executed by DEF, OPC, PCS, and Walmart (collectively, the DEF Settlement Agreement Signatories)? FIPUG took no position on the Joint Motion for Expedited Approval of a Stipulation and Settlement Agreement. The DEF Settlement Agreement Signatories contend that the DEF Settlement Agreement resolves all matters in DEF's SPP docket, and that approving the stipulations set forth in the DEF Settlement Agreement will promote administrative and regulatory efficiency. The DEF Settlement Agreement Signatories argue that when considered as a whole, the DEF Settlement Agreement fairly and reasonably balances the interests of the customers and the utility, is consistent with the stated purpose and intent of Section 366.96, F.S., and is in the public interest. Key provisions of the DEF Settlement Agreement include: • The Signatories agree that the record supports a finding that the following DEF SPP programs are in the public interest, and that DEF proceeding to implement the following SPP programs is not evidence of imprudence: o DEF Feeder Hardening Program o DEF Lateral Hardening Program o DEF Self -Optimizing Grid — SOG Program o DEF Underground Flood Mitigation Program o DEF Distribution Vegetation Management Program o DEF Transmission Structure Hardening Program o DEF Substation Flood Mitigation Program o DEF Loop Radially -Fed Substations Program o DEF Substation Hardening Program o DEF Transmission Vegetation Management Program • The Signatories agree that DEF will file its updated SPP for the period 2023- 2032, and that DEF will not materially expand the scope of the programs and associated expenditures it seeks to recover for the years 2020-2022 beyond those that are included in the estimates shown on page 40 of Exhibit JWO-2, filed on April 10, 2020, updated on June 24, 2020 (See Exhibit No. 6 of the Comprehensive Exhibit List), and as modified in the filing made on July 24, 2020, in the SPPCRC docket. 1 This is the second Motion for Settlement Agreement submitted by DEF in Docket No. 20200069 -EI. The first Motion for Settlement Agreement was submitted on July 17, 2020, in Docket Nos. 20200069 -EI and 20200092 -EI; however, this first motion only impacts the SPPCRC docket. By Order No. PSC -2020 -0273 -PCO -El, issued on July 31, 2020, the first Motion for Settlement Agreement (submitted on July 17, 2020), was scheduled for our review on September 1, 2020. 2 The DEF Settlement Agreement was updated on August 3, 2020, to reflect Walmart as a signatory. The updated agreement is attached hereto as Attachment B. Rp ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 7 • The Signatories agree that DEF will base its requests for cost recovery through the SPPCRC for the years 2023, 2024 and 2025 on the SPP update to be filed in 2022. • The Signatories agree that the approval shall not include or imply any determination of prudence for any particular project under said program, and that Signatories retain the right to challenge the prudence or reasonableness of any projects or costs for any project submitted through the SPPCRC. C. TECO Settlement Agreement On August 3, 2020, TECO filed a Motion to Approve Stipulation and Settlement Agreement in TECO's SPP docket and the SPPCRC docket, and attached a Settlement Agreement to the Motion (TECO Settlement Agreement).3 The TECO Settlement Agreement, attached hereto as Attachment C, is signed and executed by TECO, OPC, FIPUG, and Walmart (collectively, the TECO Settlement Agreement Signatories). PCS is not a party to the TECO SPP docket. The TECO Settlement Agreement Signatories contend that the TECO Settlement Agreement resolves all matters in TECO's SPP docket and all matters with respect to TECO in the SPPCRC docket, and that approving the stipulations set forth in the TECO Settlement Agreement will promote administrative and regulatory efficiency. The TECO Settlement Agreement Signatories argue that when considered as a whole, the TECO Settlement Agreement fairly and reasonably balances the interests of the customers and utility, is consistent with the stated purpose and intent of Section 366.96, F.S., and is in the public interest. Key provisions of the TECO Settlement Agreement include: • The Signatories agree that the record supports a finding that the following TECO SPP programs are in the public interest, and that TECO proceeding to implement the following programs in 2020, 2021, and 2022 is not evidence of imprudence: o TECO Distribution Lateral Undergrounding Program o TECO Vegetation Management Program o TECO Transmission Asset Upgrades Program o TECO Distribution Overhead Feeder Program o TECO Transmission Access Enhancement Program o TECO Infrastructure Inspection Program o TECO Legacy Storm Hardening Plan Initiatives Program • The Signatories agree that the record supports a Commission finding that TECO's proposed study for the Substation Extreme Weather Hardening Program is in the s This is the second Motion for Settlement Agreement submitted by TECO in Docket No. 20200067 -EI. The first Motion for Settlement Agreement was submitted on April 27, 2020, in Docket Nos. 20200067 -El and 20200092 -EI, as well as several other impacted dockets. TECO's first Motion for Settlement Agreement was approved by this Commission on June 30, 2020, by Order No. PSC -2020 -0224 -AS -EI. 2-7 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-E1 PAGE 8 public interest and that TECO proceeding with the study is not evidence of imprudence. • The Signatories agree that approval of the SPP and programs shall not include or imply any determination of prudence for any project in a program. Except as provided in paragraphs 19-26 of the TECO Settlement Agreement, the Signatories retain the right to challenge the prudence or reasonableness of any project or costs for any project submitted through the SPPCRC during a true -up proceeding in 2021 or thereafter. • The Signatories agree that TECO will work with Walmart to discuss and evaluate new potential SPP programs prior to filing its next SPP, and that this effort shall be separate from and supplemental to the activity specified in paragraph 15(c) of TECO's prior Settlement Agreement, approved by this Commission by Order No. PSC -2020 -0224 -AS -EI. (OPC and FIPUG took no position on this provision.) • TECO will file an updated SPP in early 2022. If approved by the Commission, the Signatories intend that the 2022 updated SPP will form the basis for cost recovery of SPP activities in 2023, 2024, and 2025, and that TECO will then next be required to file an updated SPP for approval again in 2025. TECO agrees it will not materially expand the scope of the programs and associated expenditures it seeks to recover in the SPPCRC for the years 2020 — 2022 beyond those that are included in the estimates shown in TECO's SPP filed on April 10, 2020, and as modified in the filing made on July 24, 2020, in the SPPCRC docket. TECO will base its requests for cost recovery through the SPPCRC for the years 2023, 2024, and 2025 on the SPP update to be filed in 2022. • The Signatories agree that the direct testimony and exhibits filed by TECO in Docket No. 20200092-E1 shall be inserted into the evidentiary record in Docket No. 20200092 -EI, and agree to waive cross examination of those witnesses. • The Signatories agree that there is an evidentiary basis to support TECO's petition for approval of 2020-2021 costs associated with its 2020-2029 SPP, filed on July 24, 2020, in Docket No. 20200092 -EI, and the petition shall be granted. • The Signatories agree that there is an evidentiary basis to approve the costs incurred for development of TECO's 2020-2029 SPP proposed for recovery in the SPPCRC and that those costs are reasonable and eligible for cost recovery through the SPPCRC, subject to a prudence review of actual costs in the applicable SPPCRC proceeding. • The Signatories agree that nothing in the TECO Settlement Agreement shall be construed to prevent any parry from challenging the reasonableness or prudence of SPP projects or costs of any projects in any future SPPCRC proceedings. • The Signatories agree that TECO's Motion to Approve Revised Tariff, dated July 31, 2020, shall be approved so that the approximately $15 million base rate reduction contemplated in paragraph 11 of TECO's prior Settlement Agreement can be implemented concurrently with the implementation of the new SPPCRC cost recovery factors, effective the first billing cycle of January 2021. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 9 D. TECO's Motion to Approve Revised Tariff On July 31, 2020, TECO filed a Motion to Approve Revised Tariff (TECO Motion) in the SPPCRC docket, attached hereto as Attachment D. TECO agreed to submit the motion as a condition of its prior Settlement Agreement, approved by this Commission by Order No. PSC - 2020 -0224 -AS -EI, issued on June 30, 2020. In addition, TECO requested approval of the motion in the TECO Settlement Agreement before us today. The TECO Motion contains the revised tariffs necessary to implement a one-time base rate reduction of approximately $15 million. Decision The standard for approval of a settlement agreement is whether it is in the public interest.' A determination of public interest requires a case -specific analysis based on consideration of the proposed settlement taken as a whole.5 Approving the Gulf and FPL Settlement Agreement, the DEF Settlement Agreement, and the TECO Settlement Agreement promotes regulatory economy and administrative efficiency, and avoids the time and expense associated with litigating the settled issues in the various existing and continuing Commission dockets. Based upon the parties' motions, our review of the Settlement Agreements, and the evidence and testimony on the record, we find that the Gulf and FPL Settlement Agreement, the DEF Settlement Agreement, and the TECO Settlement Agreement are in the public interest and are hereby approved. The Settlement Agreements resolve all of the issues in the SPP dockets for Gulf, FPL, DEF, and TECO (Docket Nos. 20200067 -EI, 20200069 -EI, 20200070 -EI, and 20200071 -EI). The Gulf and FPL Settlement Agreement also provides a partial resolution of Gulf and FPL's matters in the SPPCRC docket, and the TECO Settlement Agreement resolves all matters with respect to TECO in the SPPCRC docket. Furthermore, based on our approval of the TECO Settlement Agreement, we hereby approve TECO's associated Motion to Approve Revised Tariff, so that the approximately $15 million base rate reduction can be implemented concurrently with the implementation of TECO's new SPPCRC cost recovery factors effective the first billing cycle of January 2021. 4 Order No. PSC -13 -0023 -S -EI, issued on January 14, 2013, in Docket No. 120015 -EI, In re: Petition for increase in rates by Florida Power & Light Company; Order No. PSC- 11 -0089 -S -EI, issued February 1, 2011, in Docket Nos. 080677 and 090130, In re: Petition for increase in rates by Florida Power & Light Company and In re: 2009 depreciation and dismantlement study by Florida Power & Light Company; Order No. PSC -10 -0398 -S -EI, issued June 18, 2010, in Docket Nos. 090079 -EI, 090144 -EI, 090145 -EI, 100136 -EI, In re: Petition for increase in rates by Progress Energy Florida, Inc., In re: Petition for limited proceeding to include Bartow repowering project in base rates, by Progress Energy Florida, Inc., In re: Petition for expedited approval of the deferral of pension expenses, authorization to charge storm hardening expenses to the storm damage reserve, and variance from or waiver of Rule 25-6.0143(1)(c), (d), and (fl, F.A.C., by Progress Energy Florida, Inc., and In re: Petition for approval of an accounting order to record a depreciation expense credit, by Progress Energy Florida, Inc.; Order No. PSC -05- 0945 -S -EI, issued September 28, 2005, in Docket No. 050078 -EI, In re: Petition for rate increase by Progress Energy Florida, Inc. 5 Order No. PSC -13 -0023 -S -EI, at p. 7. 2-9 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 10 Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the stipulations, findings, and rulings herein are hereby approved. It is further ORDERED that Gulf Power Company, Florida Power & Light Company, Duke Energy Florida, LLC, and Tampa Electric Company shall abide by the stipulations, findings, and rulings herein which are applicable to it. It is further ORDERED that the Settlement Agreement submitted on July 27, 2020, .by Gulf Power Company and Florida Power and Light Company in Docket Nos. 20200070 -EI and 20200071 - EI, attached hereto as Attachment A, is approved. It is further ORDERED that the Settlement Agreement submitted on July 31, 2020, and subsequently updated on August 3, 2020, by Duke Energy Florida, LLC in Docket No. 20200069 -EI, attached hereto as Attachment B, is approved. It is further ORDERED that the Settlement Agreement submitted on August 3, 2020, by Tampa Electric Company in Docket No. 20200067 -EI, attached hereto as Attachment C, is approved. It is further ORDERED that the Motion to Approve Revised Tariff, submitted by Tampa Electric Company in Docket No. 20200092 -EI, attached hereto as Attachment D, is approved. It is further ORDERED that Docket Nos. 20200067 -EI, 20200069 -EI, 20200070 -EI, and 20200071 - EI are hereby closed. It is further ORDERED that the testimony and exhibits filed by Tampa Electric Company in Docket No. 20200092 -EI shall be inserted into the evidentiary record at the administrative hearing for Docket No. 20200092 -EI at the appropriate time. It is further ORDERED that Docket No. 20200092 -EI shall remain open for future resolution by the. Commission for the issues that remain in that docket. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 11 By ORDER of the Florida Public Service Commission this 28th day of August. 2020. ADAM J. TFATZMAN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice shall not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request: 1) reconsideration of the decision by filing a motion for reconsideration with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, Florida Administrative Code; or 2) judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. zit ORDER NO. PSC -2020 -0292 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 12 FILED 7/2712020, DOCUMENT N6D:4067=2020_ FRSC'- b6MMISS OWtLERk< BEFORE TIM, FL.ORiDA 1'i BtI.0 SERNf1Clf..COMMISSIO1 Review of :202072029 Storm Protection Plan pursuant' to. Rule 25-6.030, F -A.0 , 0611,17 Power Company Review of 2020-2029 Storni Protcetion Platt pursuant to. Rule 25-6.0.30, F A.C., Florida Power & Light Company In re: Stonn Proteetion flan Cost Recovery. Clause Docket No 202-00070=E1 Docket No. 10204071-1`1 )locket No. 20200092-E1 Filed July 27, 2020 30INT MOTION OF THE OFFICE OF.PUBLIC COUNSEL., GULF POWER COMPANY, FLORIDA POt'*'ER;&. LIGHT COMPANY, WALMA,RT INC. FOR EXPEDITED APPROVAL OF A STIPULATION AND SETTLEMENT AGREEMENT Pursuant to Rule 28-106.204(.1), Florida Administrative Code ("F.A.C."), the Office of Public Counsel (" OPC'), Gulf Power Company ("Gulf"), Florida Power & Light Company and Wahfiart Inc. ("Walmart") (tinless the context clearly requires otherwise, the tern "Party" or "Parties" means a signatory to this Joint. Motion); by and through their respective undersigned counsel, hereby file this Joint Motion and request that the Florida Public Service Commission ("Commission") review and approve on an expedited basis the Stipulation and Settlement Agreement {"Agreement); provided as attachment A to this Joint Motion, as a full and complete resolution of all matters in Docket Nos. 20200070 -EI and 20200071 -EI and a partial resolution ofsigniticant matters in Docket No, 202000924"] in accordance with Section 120. 57(4)? Florida Statutes :("F.S."), and enter a filial order reflecting such approval to effectuate nnp emenia[ion o the AgreGmeni, In support of this motion, the Parties jointly state as fnllows;, (n June 27, 21):19; the Governor of Florida signed CS/CS/CS/SB 796 addressing Stora Protection Plan Cost Recovery, which was codified in Section 366.96, F.S. Therein, the ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 13 Attachment A Florida "Legislature directed. :each :utility to file a toff -'year Storm. Protection Plan ("SPP") that explains the storm hardening programs and projects the utility will iniplentent to achieve the'. legislative olijectives of reducing restoration costs and outage times associated with extreme weather events and ;enhancing reliability. See Section 366 96(3,), F:S. "The Florida Legislature also directed the Commission to conduct an. annual,proceednig to determine the utility's.prudently iriciirred SPP costs .and to allow the utility to recover such costs tluough a. charge separate :and apart from its base ,.rates; tobe referenced as the Storm Protection Plan :Cost: Recovery .Clause SPFCRC,"). See Section 366:96(7), .F;S. 2. Rule 25-6 030,:FAC.; requires each utility to ,file an updated'SPP at least every three years that_covers the'utility's'.iniiiiediate teri-year.planning period.-Rule;25-6.031(2), F.A.C., provides that after :a utility lfas fled tsSPP it naypetitioi'the Coiiunission:for'recovery of the costs associated with the SPP and implementation activities. 1, On March 'i, 2020, the Commission opened Docket No. ;2p200070-Fi for the Gulf SPP and Docket No. 2-0200071 EI,for the FPI, SPP: On March 13, 2020, the Commission opened Docket No. 20200092 -EI forthe SPPCRC proceed ngsfor all Investor:0«med Utilities. 4. On Manch 1 i, 2020, the Preheating Officer issued the Order Establishiiig Procedure, Order No. PSC -2020 -0073 -PCO-) 1, in the SPP dockets, including Docket Nos. 20200070-E1 and 20200071-Ei. 'Ilie Order establishing Procedure consolidated the SPP dockets for all utilities:for:purposes.of hearings and disposition. 5. On April 10, 2020, FPL filed its Petition requesting Commission approval of the 2020-2029 SPP. In_support, FPL submitted the direct testimony of FPL witness J.arro; #ogether with Exhibit MJ -1 - Florida Power & Ligi t Company 2020-2029 Storm Protection Plan. Exhibit MJ -1 was subsequently :corrected by an errata .submitted :on May '12, 2020, correcting an. 2 Z_ ib ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 14 Attachment A inadvertent error on pages 46 and 47 and by a second errata submitted on July 13, 2020, correcting a scrivener's error owpagc 2 of Appendix• C. 6. On April 10, 2020,:Gutf filed its Petition requesting Conuiiission approval.ofthe 2020-2029 SPP. In support, Gulf submitted the direct testiniony of Gulf witness Spoor; together with Exhibit MS -I —Gulf Power & Company 2020-2029 Stonn`Protection Plan. 7. On Inlay 29, 2020, the,Preheating O.Ilicer issued the Order Establishing Procedure, Order No; PSC -2020 -0170 -PCO -EI, in the SPPCRC docket, Docket No. 20200092. Pursuant thereto, Gulf and FPI: filed their petitions for the SPPCRC on July 24, 2020. 8. On May 26, 2020. OPCSubmitted the :direct testimonies of OPC witnesses Smith and Mara, together with supporting 'exhibits, in both the Gulf and FPL SPP dockets. On :June :18, 2020, OPC subtuitted an errata in the FPL SPP docket correcting an, error on page 13, line 14 of the direct testimony of OPC witness Mara. 9_ Also inn May 2!, 2h20 Walrtiait iuhmitied the direct tefitinniiniefi of Walmar( witness Chriss and Perry in both the Gulf and FPL dockets. 10. On June 26, 2020, FPL subnnitted. the rebuttal testimony of FPL witness Jarro and Gulf submitted the rebuttal testimony of Gulf witness Spo..or, together with Exhibits MS -2 and MS - 3. 11. The parties :have engaged in iextensive discovery in both the: SPP and SPPCRC. dockets. 'Through this process, the Parties thoroughly reviewed and evaluated FPL's 2020-2029 SPP and Gulf's 2020-2029 SRP. Additionally, OPC.has raised the issue of whether the Gulf and FPL SPP costs Proposed to be recovered througli the SPPCRC include costs recovered through. base rates, :which is prohibited by Section 366:96(8); F.S., aid Rulc 25-6.03.1(6)(b), RA -C. 12. As a direcuresult of these ;efforts, the Parties ultinnately entered into the proposed. Agreement to resolve all >issues raised in the Gulf and FPL SPP dockets, Docket Nos. 20200070-: 3 214 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 15 El and '20200071-E1, respectively, and have established the reasonable costs 'which the Commission has a record basis 'to authorize FPL and Gulf to recover then through the SPPCRC in .2021, subject to Commission review for prudence in the normal course of ;the clause: procccdinngs. assumuig the Gulf and :FPL SPPs are approved. with modifications set forth in the Attached Settlement Agreement-. The Parties hereby jointly request that the Cotntnission review and approve he Agreement in its entirety andwithout, modification. 13. The Commission has a :"long history of encouraging settlements; giving great . weight and deference to settlements, and enforcing them in the. spirit nwhich they. were ;reached by the :parties:" Re Florida Power & Light Company, Docl et,No 20050045-E1;.Order No PSC= 2005=0902 -S -EI (FPSC Sept. 14, 2005). The proper standard for the' Commission's approval of a settlement agreement`s whether it is iii the public interest Sierra Club v. Brown, 243 So.3d 903, 910-913 (Fla. 2018) -(citing Citizens of State v. FPSC; 146 So.3d 1143, 11'64 (Fla. 2014.)); see also GUT, 1. Coop.., Inc. v..lohnson, 727 So:2d 259,-264 (Fla. 19 99) (`[i)n the finat. analysis, the public interest is the ultmnatc measuring stick to guide the PSC in its decisions'). 14. Tlie proposed Agreement represents a reasonable compromise of competing positions acrd is a full and complete resolution of all matters in Docket Nos. 20200070. and 20200071 and a partial resolution of:significant matters in Docket No. 20200092. If approved by the Commission, the Agreement will establish a series of stipulations that will reduce the issues to. " The Florida Supreme Court has explained that the "determination of what is in the, public interestrests exclusively with the Commission." Citizens, 144 So.3d at 1173. The Commission has broad discret"on iii deciding what is in the public interest and may consider a variety of factors in reaching its decision. See Re The If oodlands of Lake Placid ..P.. Docket No... 20030;102 -WS, Order No. PSC -2004-1162 FOP -WS, p. Z (FPSC Nov. 22,2004); In Re.; Petition for approval of plan to bring generating units into compliance. with the Clean ii it & by C< f Power Company;'bocket No.. 19921155-F1, Order No. PSC -1993-1 S7.6-. FOF-Fi, p. I,5 (FPSC Sept. 20, 2003). I Io�vcver, the Commission is not required to resolve the. t4ecr"tc of every issue independently. Sierra:Chib; 243 So.Sd at 913 (citing Citizens, ;146 So.3d at 1153). Rather, a "determination of public intcrest requires a case -specific analysis based on consideration of: thc::proposed settlement taken as a -,i3holc " In re: Petitio"� fbrRrte Increase by.GulfPower Co., Docket No. 20160,186= EI, Order No. PSC 2017-0178-S=E1; 2417 WL 2212M, at *6 (FPSC May 16, 2017). ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 16 be litigated in. Docket Nos. 20200070 -EI, 20200071-1;I, And 20200002 -EI (with regards to Gulf and FPL). Approving these stipulations should also reduce the volume of discovery in the SPPCRC.docket, ch fythe issues to'be litigated for .Gulf and FPL in both dockets, and promote administrative and, regulatory efficcttcy in tltosc dockets: 15. The :Parties will workiin earnest to review and, :if possible, stipulate and settle any remaining issues in [lie SPPQR docket, Docket No. 20200092-E1. 16. The terms of the proposed Agreement +reflect the Parties' ,assessments :of their respeetivelitigation positions; A§—Well as their efforts.to reach.a reasonAte Arid mutually"acceptable comp omiso. The Parties entered into the proposed Agreement;: each for their own reas'ons., but all iii reco..nit ion'that'the cumulative, total of the regulatory activity before the Coitimission—now and, for the"rest.of -2020. and.througII2021—is aniicipated to be greater.than" normal. To maximize. the administrative and regulatory efficiency' benefits inherent in he proposed Agreement for the PacCe's and the Commission and given that discovery .in the SPPGRC docket is anticipated to, begin in earnest with the filing of SPPCRC petitions on July 24; 2020,; the Parties jointly request that the Commission schedule the proposed. Agreement for consideration at an agenda conference as soon as possible. 17, Based on the foregoing, the Agreement represents a reasonable compromise of divergent positions and fully resolves all of the issues raised in the Gulf and I-P1;;SPP ptocceduigs£ Docket Nos. 2020070 -EI and 20200071 -EI, respectively,. and partially resolves significant matters in the SPPCRC proceeding, Docket No. 20200092 -Ill. Considered as a whole, the AgreeineiW fairly and.reasonably balances the iciterests of customers and the utilities, :and is, consistent with the stated purpose and intent of Section_366-96, F.S. Approviiigthe Agreement is consistent with the Commission's long-standing policy of encouraging the settlement of contested proceedings in G–IG ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-E1,20200092-EI PAGE 17 Attachment A a in, that benefits the customers of utilities subject to the Commission's regulatory jurisdiction. Accordingly, the Agreement is in the public interest and should be approved. 18. Pursuant to Rule 28-106.204(3), F.A.C., the Parties have conferred with the Florida Industrial Power Users Group. (' FIPU(3"), which was granted intervention by Order Nos. PSC - 2020 -0233 -PCO -EI. FIPUG has advised that it takes no position on the Agreement.' Notwithstanding, the Parties jointly submit that the proppsed Agreement is in the public interest and should be approved in its entirety for the reasons stated above.' WHEREFORE, for all the reasons stated above, the Office of Public Counsel, Gulf Power Company, Florida Power.& Light Company, and W almart Inc. jointly and respectfully request that the Florida Public Service Commission expeditiously -approve the Stipulation and Settlement Agreement provided as Attachment Ato this Joint Motion. z FIPUG did not actively participate in discovery or submit any testimony or evidence in opposition to the Gulf or FPL SPPs. In its Prehearing Statement, FIPUG did not take a specific position on any of the issues and, instead, adopted the positions of O1'C, which is a signatoty party to the Stipulation and Settleindiit Agreement provided as Attachment A to this ;Joint Motion. 'The Florida Supreme Court has affirmed that the Commission has the authority and discretion to approve a non -unanimous settlement over the objections of intervenors if the Commission finds the settlement is in the, public interest. Citizens, 146 So.3d at 1152-54; see also S. Fla. Hasp. & .Healthcare. Assn v. Jaber, 887 So.2d 1210, 1212-13 (Fla. 2004) (affirming the Commission's approval of a non -unanimous settlement agreement despite the absence of a full cvidcniiaryhearing), The Florida Supreme Court has explained that "it would be unreasonable to allow a single holdout party that does not get its way on one issue during settlement negotiations to derail the entire settlement process if settlement is fully in the public's interest all along." Sierra Club, 243 So.3d at 913. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 18 .......... Respectfiilly submitted this.27th day of Aily,`20,20, By /s/John T. Burnett Jolni T. Burnett VP and Deputy General Counsel Cliristoplter T: Wright Senior:.Attorney Florida Power:& Light Conil ainy 700 Universe Boulevari Juno 13each, FL 334081.0420 ,FOR FLORIDA POHER & LIGHT COMPANY By: IslRussell A. Badders Russell A. Badders VP & Associate General Coitnsel Gulf Power Company One Energy Place Pensacola, 'Fl_32520 .ia,:on A Higginhntiiam Senior Attorney Florida. Power & Light Company 7.001 universe Boulevard JunoBeaeh, FL 33408-0420 FOR GULr%PO1VE1? COMPANY 7 Attachment A By: ZslPatricia A. Christensen Patricia A. Christensen Offim of Public Counsel c/o The Florida Legislalure 111 West" Madison:Street,'Rin. 812 Tallahassee, FL 32399-1400 r°OR OF UCE'Or PUBLIC COUII,SEL By: /sl Stephanie U. Eaton Stephanie U. Eaton Spilman Thonias & Battle, PLLC 110 Oakwood Drive Suite 500 Winston-Salem, NC 27103 Derrick Price Williamson Spihnan;'llinmati Ri Battle, .P1.I.C' 11.0.0 Bent Creek .Boulevard, ,Shite 101 Mechaniesburg PA 17050 T OR ri ukAraINC. �-16 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 19 Attachment A ATTACHMENT A STIPULATION ANDSETTLEMENT AGREEMENT s 2 q ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 20 3Er40,'�R1?, JrJ1 , FLORIDA PUBLIC SERVICT'COi r%flSSION Review of 2(%20-2629 Storm 'Protection Plan Docket No. 202000`70 -EC pursuant to Rule 25-6.030, F; A.C., Gulf Power Company Review of 2026-2029 storm Protection Plain Dod et No. 20200071 -FI pursuant to Rule 25--6 030, F.A.C., Florida Po«ver & Light Company In ren Ston n 'Protection Plan Cost Recovery Docket No. 20200092 -EI Clause Filed July 27; 2020 STIPULATION AND SETTLEMENT. Attachment A WHEREAS, Gulf PoNver Company("Gulf .), Florida 'Power &; Light Company (."FPL"), Citizens through the Office of Public Counsel ("()PC"), and Walmart ;Tic. ("WalmaW) have Signed this Stipulation and Settlement .(the "Agreement"-, unless the :context clearly requires otherwise, the Germ "Party,or "Parties" means. a signatory to,this Agreement)•,. WHEREAS, On June 27, 2019 the ,Governor of Florida signed CS/C.$/CS/S13 796' addressing Stornn Protection Plan Cost 'Recovery; which was codified in'section366.96; F. S: WHEREAS,`"tlie Florida Legislature found in Section 366.96('1)(c), F.S,; that it was iri the State's interest to "strengthen electric utility infrastructure to withstand extreme :weather conditions "by promoting the overhead hardening of :electrical transmission and ;distribution facilities, the undergrounnding of certain electrical distribution lines, and vegetation management;" and for each electric utility to "mitigate.restoration costs and outage times to utility customers cvlien developing transmiss..ioi.. and distribution storm protection plans," Section 366.96(1)(e), F. S:; 1 2--2-0 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 21 WHEREAS, the Florida Legislature directed each utility to file a 'ten -}rear Stortn Protection flan ("S1'P'') that:explains the stonii!harde Ting ptograins and projects the utility witl implement to achieve the legislative objectives of reducing restoration costs and outage tithes associated :with extretrie weather events and enhancing reliability. See Section 366.96(3), F.S.; WHEREAS, The Florida:1 egislahire directed the, Florida Public Service Commission ("Commission") to conduct an annual proceeding to .determine the utility'.s :prudently incurred SPP costs .and: to allow:the utility to recover such costs through, a Charge, Separate and apartfrom its base rates;ao be referenced as the:Storni Protection Plan Cost Recovery Clause .("SPPCRC"). See: Section 366.96(7), F S.; WHEREAS, .Section 366.96(8), F.S., and Rule 25-6.01l(6)(b),,F.A.C., provide that the SPP costs to .be recovered. through the SPPCRC may not include costs .recovered through the utility's base rates or any other cost recovery mcchanisiiv WHEREAS; Rule 25-6.030, P:A.C:, requires each utility to file an updated SPP at least every three years that covers the utility's immediate ten-year planning period and specifies tate. intforniation to be included in each utility's SPP; WHEREAS, Rule 25-6:031, F.A.C.! provides that affler a utility has filed its;SPP it inlay petition the Commission for. ecoveryof the costs associated with the SPP and implementation activities and specities the information to be included in each utility's SPPCRC filings;. WHEREAS, On March 3, 2020; the Commission opened :Docket 1lo. 20200070 -EI for the Gulf SPI' and Docket No. 20200071-E1 forlhe FPI. SPP; z-zi ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 22 WHEREAS, on ;March .13, 2020, the Commission opened Docket No. 20200092-EIfor the SPPCRC proceedings for all investor Owned Utilities; WHEREAS, on April 10, 2020, FPL filed its petition requesting Commission approval of the 2020=2029 SPP, together With the direct testimony of FPL witness Jarro And Exhibit mi -.1 Florida Power & Light Company 2020;2029 Storm Protection Plan;' WHEREAS; on April 10; 2020, Gulf filed its Petition requesting Commission approval of the 2020-2029 SPIT, together with the direct testia ny of Gulf Witness Spoor and Exhibit Ms -1 Gulf Power & Company 2020-2029 Storm Protection Plan; WHEREAS, on .May 261 2020, OPC submitted the direct testimonies of OPC witnesses Smith and Mara, together with supporting exhibits, in both the Gulf and FPL SPP dockets;� WHEREAS, on May:26 2020, Wahnart submitted the direct testimonies of Walmart witness'Chriss and:Perryin both the Gulf and FPL dockets; 1�.HN 12EAS, rnt June 26,;2020, kP1., sii>�lniited tine rebtntal testimony of FPLwitness Jarro. and' 4.1f submitted the rebuttal testimony of Gulf witness Spoor, together with Exlli;bits M922 and MS -3 WHEREAS, pursuant to :Order No. PSC -2020 -0170 -PCO -EI in DocketN.o. 20200.092 EI, Gulf -and FPL will file their petitions_ for the SPPCRC on July..24, 2020; ' Exhibit MJ=I was subsequently corrected byan erratasnbinitted on May 12, 2020, correcting an inadvertent error on:pages 46 and, 47 and by a second errata subriiitted.on July 13, 2020 :correcting a scrivener's.error on page 2 of Appendix C. z On:June 18;-2020, OPC submitted an errata in the FPL SP.P.docket correcting an error on page 13, line 14 of the direct<testimony. of OPC witness Mara. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 23 WHEREAS, the Dailies engaged in significant discovery in both the SPP and SPPCRC., dockets, and have thoroughly'reviewed and evaluated FPL's 2020-2029 SPP and 661P -, 202-0. 2029 .SPP: WHEREAS, in testimony and discovery, OPC raised the issue of whether the Gulf and FPL SPP costs to be recovered trough the SPPCRC in Docket No. 20200092 -El will include costs recovered.through base rates; WHEREAS, after an extensive review hnd;evaltiation of Gulf's;S11 PP -and FPL's SPP.; as well as.the issue of Whether the. Gulf. SPP costs and_the..FPL SPP costs to be recoveredahrough the SPPCRC will include costs recovered through base rates, the Parties to this Agreement have undertaken to,reach a.full and coinplete.resoli tion of all matters "iri'Docket Nos. 20200070 -EI and 20200071 -EI and a partial resolution of significant matters in Docket No.20200092=EI; WHEREAS,:the Parties have entered iritothis Agreement in compromise of positions taken in accord with their rights and interests, under Chapters 350, 366 and 120, Florida eStatutes, as applicable; and as a part .of the negotiated exchange of consideration 'among the Parties to this Agreement each has .agreed'to concessions to the bthers`witlrthe expectation that all provisoes of ,the Agreement will be enforced bytlie`Commission as to all matters addressed herein with respect to all Parties' :regardless bf whether a court "'ultimately determines ucli matter's to .reflect Commission policy; upon acceptance of the Agreement as provided. herein and: upon 'approval as in the public interest; and. NOW THEREFORE; in coiisideratioii:ofthe foicgohig and the covenants contained herein; tlieP.arties hereby stipulate and agree: 4 �;{3 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 24 Gulf 2020-2029.Storm Protection Plan (Docket No. 202(U070) Attachment A 1. The Parties agree thAt,the_ record supports a Gonunrssiori;fiiidirig"that Gulf's pistriliution Inspection Program is in the public interest and that, .Gulf :proceeding to implement the pro grain isnot evidence of imprudence. 2. 1"he Parties. 'agree that the record supports a Commission finding that Gulfs Transmission Inspection Program is in the public interest and that Gulf proceeding to implement the program is not evidence of imprudence. 3. The Parties :agree that GGLf's pilot ..TDistribution Hardening — Lateral Undergrounding Program, limited for the years 2020-2022 in the amounts reflected foe :those years in the. SPP, should be approved for the years 12020-2022. In'this.'pilot, Gulf will select laterals that experienced an outage during Hurricane !Michael and/or other recent extreme weather events as a primary ;selection critcria for undergrounding or, as a secondary :selection, criteria, that have:a history of vegetation outages or overall reliability issues that could:be exacerbated in an extreme weather event. For Distribution Hardening = '.Latera l Undergrounding Program activities forthe year 2023, Gulf shall file an'SPP update in 2022 in order to seek recovery of costs for such 2023 activities in 2023: The Parties further agree that their consent to this pilot. program under the ternis of this Agreement will not be: binding upon orhave any precedential value on any future lateral undergrounding program or projects that Gulf tnay propo' in future SPPs or otherwise. 4, Gulf agrees to conduct -post -storm analysis after auy named storm that i pacts Gulf's. system, where reasonably possible, 'to.help,quantify the benefits of undergrounding laterals and substation flooding mitigation.. 71iis analysis may include, among other things, 5 a -04 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 25 Attachment A eonipaiisons of overhead laterals to those that have beein:placed,underground interns of outage,andrestoration time, as+del}as'comparing theavailabilityofpowerfrontsubstations that have flooded with that of substations that have received flood mitigation measures. S. The Parties agree that :the record supports a,Commission finding that OWN Vegetation Management — DiOribution 'Program: is in the pniblic interest and that Gulf proceed ung to uniplemeutthe ;priograim is not evidence, of imprudence. 6. T}fe Parties agree that the record supports a'Commission finding that 'Gulf's Vegetation ':Management,- Transmission Program `is in the,public interest and that Gulf_ proceeding to implement the program;is not evidence' of imprudence. 7; The Parties agree that fhe record supports a C.o emission finding that Gulf s Distribution :Feeder. Hardening -Program is in the public; interest and that Gulf proceedinglo implement the program is'hot evidence of imprudence. 8. The Part es agree that the record supports a Commission finding that Gulf's Transmission ,'Hardening Pro icluding Gulf'sTransmission and Substation Resiliency. ramprogram and and "Cjulf s `Substation Flood Monitoriiig'and. Hardening program; is in the public interest: <and that Gulf proceeding to implement the program is not evidence .of imprudence. 9. Tlie Parties -agree that the. approval hereunder should not ;include or imply any deternnination .of prudence for any part cutar project under.said Program: OPC retains the right'to challenge the prudence or reasonableness ofany projects,or costsfor any:project. submitted 'through the SPPCRQ, 6 a,o�5 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 26 10. 'Ihe Parties agree that Gulf will work with Walmart to discuss and evaluate new potential SPP .programs. prior to filing its nert.5..1?t', :0 C- takes no position with regard to this provision. M200-2029 - Storm ProtectionPlan (Docket No: 20200071) 11: The Parties agree :that the :record supports a Conunission finding ^that FP:L's Pole Inspections,—'Distribution Program isiri the public; interest and that FP -L proceeding to 'implement the program isnot evidence of iniprudence; 12. The Parties agree that the :record supports a Commission. -finding that FPL's Structures/Other Equipment Inspections: — Transmission Program is in the public interest and that FPL proceeding to implement the;;program is not evidence of imprudence. 1:3. The Parties agree that the record. supports. a Commission' finding that. FPL. 's Feeder Hardening (EWL) — D. iWibutioli Program is in the public interest and that TTL proceeding to implement the program is not evidence of imprudence. 14. The Parties agree that the record supports a Commission finding that FPL's Wood Structures' Hardening (Replacing) - Transmission' Program is in the public interest and that FPL proceeding to implement.the prograni isnot evidence, of imprudence. I5. The Parties agree that the record supports a Commission finding that FI'L's Substation. Storm Surge/Flood;l\!litigation�Program for the 10 substations identified in 1'PLIs`SPP on. page 31 (Exhibit Mi -1, page 35 of 0) is,in the public..interest and that..FPL proceeding#o implement the program is not evidence.of;imprudence. 7 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 27 16. The Parties agree that the record supports a Commission finding that FPL's Vegetation Management — Distribution ,Program is in the public' interest and that FPL proceeding to implement the program is not evidence of imprudence. 17. The Parties agree ihat:ihe'record supports a Commission finding that FPL's Vegetation Manage e. nt — Transmission Program is in the public interest and that FPL proceeding to implement the program !is not evidence of imprudence. 18. The. Parties agree that with. regard to FPL's Distribution Lateral Hardening-. Undergrounding .Program, FPL should continue this Program as a pilot through 2022 ("Continued Pilot'). The priority for undergrounding in this Continued. ,Pilot will be targeted for:feeders that have the most number of laterals that experienced an.outage during Hurricanes Matthew and/or Irma and that have a history of vegetation outages or overall. reliability issues, as further described, on page 26 of FPL's SPP (Exhibit MJ -1, page 30 of 48). Tile Parties agree that the record supports a Commission finding thatthC total number of laterals identified. n Appendix C to FPL's 8PP (Exhibit 14.1-I, Appendix C, page 2 of 2) for tlie,years.2020-2022should be approved. Further; as part of this Continued Pilot, FPL will collect Wormation and data to establish. protocols for detennining :when a lateral for vfeeder being:evaluated for undergrounding in FPL's system should be 'overhead hardened as :opposed to being placed underground, and. FPL Will use such protocols in future SPP .work. the Parties retain all rights to assert or challenge the,reasonableness of FPL's;projected costs and prudence of FPL's actual costs on individual projects underlhis program m the: SPPUG. For Distribution Lateral Hardening—Undergrounding Program activities for'the year2023, FPL shall file an`SPP update in 2022 in order to seele recovery of costs for suclr2023 actrvitie"s sifi 2023, The Parties further agree tliaYtheir consent to "this. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 28 Attachment A contiinued Pilot program unnder'the terms ofthis'Agreement will not be binding.upon or have any precedeniial value on any future lateral uiidergrounding'progratn or projects ibat. FPLmay.propose in future SPPs or otherwise. 19. FM :agrees to conduct post -storm analysis after arty named storm that impacts FPJ-'s. system, where reasonably possible, to help quantif_ythe benefits ofundergropndinglaterals and substation flooding mitigation. This analysis inay include, annoing other things, comparisons of overhead laterals to those that. have been, placed underground in terms of outage and restoration time; as wellas comparing the availability of powerfrorrr substations tliat have flooded with that of substations that have received flood mitigation measures. 20. The Parties agree that the approval 'hereunder should not include or imply :any deteri nination of prudence -for any particular project under said Progra n. OPC retains the right to challenge the prudence or reasonableness of any projects or costs for,any project, 'submitted through the SP.PCRC. 21. The Parties agree that FTL will work with Walmart to discuss and evaluate new potential SPP programs prior to filing its nexrt SPP: OPC takes no position with regard to this 'provision. GulfandFP.L Storm .Protection Plan .Cost.Recoverv. Clause ...... (Docket No. 2020000) 22. The Parties agree that .FPL And Gulf will not seek recovery of any SPP program O&M expenses incurred ill 2020 or 2021 through the;SPPCR..C.. FPL and Gulf will address the recovery of future. SPP program O&M expenses ui their next base rate cases, including 9 Z/ ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 29 Attachment A whether such OSTM expenses are to be recovered through base rates or througli the ............. . SPPCRC. 23. The Parties agree that FPL and Gulf may seek :recovery of and retuni on capital expenditures and assets related to the SPP programs approved in Docket']\°os. 202000.70- -El and 20200071-F1, in the following manner:: a. Capital expenditures .incurred prior to. January 1, :2021; shall. ;be recovered through base rates. This. means that both tlic;retum On the net investment (which includes net plant in service and/or construction-work=in-progress; subject to 'section .D.2.d. lbelow), associated with. a ;capital ;project .cost :incurred. before. January 1, 2021, and the ;related depreciation expense shall continue to be recovered through base rates and willa lotbexcooverable through the SPPCRC. FPL. and Gulf will maintain their records on a basis sufficient to provide the Commission and' intervenors with a sufficient audit trail to track -net -investment costs for purposes of this provision. b. The return on the;net investment (which includes net plant iri service and/or constnictioii-work=in-progress, subject to sect on:D.2.d. below) associated with `a capital 'project. cost 'incurred on or after;January 1, 2021, and the related depreciation expense .may be eligible for costrecoverytlirough the SPPCRC; subject only.to a'reasonableness review of projected -SPP costs and.a prudence. review of actual SPP costs in the applicable SPPCRC_proceeduig. FPL and Gulf will maintai i'their records on a'basis sufficient to. provide the Commission and intervenors with: a sufficient 'audii' trail to track :net utvestment costs `for purposes of this provision. 10 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 30 c. FPL and Gulf will ;:not seek recovery through the SPPCRC of either cost of removal or retiremei is incurred xn 2021 related to existing assets. d. FPL and Gulf will not include any constriction -work -in -progress balances as of January 1, 2021, inthe beginning SPPCRC rate base balances. e; The Parties. acknowledge that there are depreciation;expense savings in. base rates :resulting from the retirement -of existingassets removed -from service during the SPP project. These depreciation expense sayings exist Unfil FPLand. Gulf next set base rates at which time depreciation expense would be, adjusted and -recovery of any remaining net book value. of the retired assets' wouldbe incorporated. The, Parties agree to. 'meet,to revisit issues related to the recovery of'depreciation expense for SPP capital investments in base .rates and in the SPPCRC ne .later than three months prior to the anticipated date of the opening of the 2023 SPPCRC Rocket. In lieu of making system modifications related to netting depreciation expense recovery in the SPPCRC, the Parties agree that FPL and Gulf will not seek recovery of any property taxes through the SPPCRC associated with storm protection plan capital investments incurred in 2020, 2021, or 2022. Instead, FPL and Gulf twill recover property taxes related to SPPCRC capital investments through base rates for each of these periods, including any test year projections filed in a base rate case. f To avoid any issues regarding 'ATVDC bundling" or the aggregation of SPP projects for the purposes if:theeting the threshold for the accrual of ARJDC. far SPP projects between the date of this Agreement through 2022 :FPL and 11 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 31 Gulf will riot accrue or seek recovery of AFVDC for any 2020; 2021; of 2022 SPP programs or projects.. g. FPL and Gulf will apply the utility's :most recent Commission -approved depreciation .Tates to calculate ;depreciation expense on all capitalized SPP cspcuditures;; 24. The Parties agree that costs incurred for programing; admuiistrative '.and .additional resources (" mplementation costs") are 'necessary for FPL and. Gulf to manage, and track SPP projects;on an annual basis and are incremental costs eligible -for cost recovery` through the SPPCRC, ,subject` only to. a reasonableness review o%:projected .implementation costs' and a prudence review of .actual nipiementation costs in the applicable.:SPPCRC proceeding. 25. Wlieiiever.FPL and/or Gulf.petition fora change to its Base rates and cliarges pursuant to sections 366.06 and/or366.07; Florida Statutes; the assets being recovered,through the SPPCRC that have been detern,uned prudent through a final true -up.: n the SPPCRC by the Commission as of the end of the hcstoric.,year presented in the Corapany's minimum filing requirements rnay, at the Comipany's option, be included in the Company's iniciimtin3titii g requirement schedules and included in retail rate base for the applicable testyear: :Oi ce recovery begins through base rates, these costs will simultaneously be removed from the SPPCRC. Tliereafter, new SPP;capital and. assets related to SPP programs that. were not included in the test',year used to set base rates may be submitted fori ecovery through the SPPCRC petitionprocess. 26. By;th' e earlier of April 30, 2021, or the date when FPL and/or Gulf is required to, file its projected 202'2'SPPCRC costs pursuant to the Order Establishing Procedure issued in the 12 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 32 Attachment A 2022 'SPPCRC .Docket, FPL and/or Gulf will ,provide project -level detaiI to the other Parties for costs expected'to be._requested for 2022 SPP cost recovery included in FPI,,'s and/or Gulfs current 'plan at that time, recognizing that planning is on-going and changes may he. expected. As necessary, FPL and Gulf will update this "information rvhen it files for cost recovery in the SPPCRC later in 2021. 27: Tlie Parties agree that )~PL's and Gun; SPPCRC factors will be a demand charge ($/ W) for rate classes that have base rate demand charges. O 11 PCtakes 'rib ,posit on with regard to this provision except to note that this provision must be -consistent: with Section 366:96(8), F.S. 28. The Parties agree and acknowledge that all issues not address herein Wray; consistent with Rule 25-6.031, F.A.C, still be subject to review and challenge by <ill Parties: 29. The Parties agree that, x nothing in this Agriaom&nt shall be construed to pmvent ny"Party from challenging the reasonableness ;and/or prudence :of SPP costs in any future SPPCRC proceedings'. OTHER :PROVISIONS 30. Nothing in'the Agreement will :have precedential value. 31': The. provisions of the Agreement are contingent upon approval by the Commission in its: entirety without niodif cation. Except as expressly set otit herein, no Party agrees, concedes, or waives any position. with respect, .to aiiy of the issues dent f ed .in the 'Prehearing Order, and this Agreement does not expressly address any specific issue or any position taken :thereon. The Parties will support .approval of the Agreement acid will not 13 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069-E1, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 33 request :or support any order, relief, outcome, or result in conflict Nvith it No Party to..the Agreement will request, support; or "seek to impose a change to any provision of the. Agreement. Approval of the Agreement in its entirety will resolve all --matters and issues in this docket, This docket will he closed effective on the date that the Commission Order approvingthis Agreement is fmai, and no Partyto the Agreement will seek appellate review any order issued in this docket. 32. The Parties agree that approval of the Agreement is in the public interest. 33. I'his Agreement may be executed in counterpart originals, and a scanned ;,pdf copy of an original signature shall be deemed in original. Any person or entity that executes a signature page to this Agreement shall become and be deemed.:a :Party with the full range of rights and responsibilities ;provided hereunder notwithstanding that such person or entity is not listed uY the first recital above and executes the signature page subsequent to the date .of this Agreement; it being expressly understood that the addition of any such additional Party(ies) shall not disturb or difnih sh the benefits of this Agreement to any current Party: 14 x.33 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-E1,20200071-EI,20200092-EI PAGE 34 Attachment A In Witness Whereof; -the P<ariies evidence their,::accepfance.;and agreement with 'the provisions of;this Agreeinen"t by theirsignature: GULF POWER COMPANY BY.;'; Russell A: Badders: VP & As:sbciate'a eral Counsel Gulf Power Company One Energy Place.: Pensacola:FL 32520 15 OFFICE OF PUBLIC COUNSEL_ ........... ...... The Florida Legislature ;111 WestMadrsgn Street' Room 812 ;Tallahassee .'FL. 99;1400 WALMARTING' ;Stephanie U;,Eaton ;SprlmanThomas &Battle,PLI:C.:: 11010akwood Drivej�Su to 500 Winston=Salem,"NC 27.103,; aJ� ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 35 In Witness Whereof, the :Parties evidence their acceptance :and:agreement: :with the provisions of this, Agreeinent by their ;signature. FLORIDA POWER & LIGHT COMPANY R. Wade Litchfield Vice President and General. Counsel Florida Power ,& Light Company 700 Universe Boulevard Juno Beach, FL 33408-0420 GULF POWER COMPANY By: Russell A. Badders VP & Associate General Counsel Gulf Power Company One Energy Place ;Pensacola; FL 32520 i5 By: Mie Florida Le is tune l l ] West Ma s n Sheet, Room 812 Tallahassee, F 32899=1400 W'ALMART INC.' By:.... Stephanie U. Eaton Spilman Thomas & Battle, PLLG 110 Oakwood Drive; Suite 500 Winston-Salem, NC 27103. ORDER NO. PSC -2020 -0293 -AS -El DOCKET NOS. 20200067-E1, 20200069 -El, 20200070 -El, 20200071 -El, 20200092 -El PAGE 36 Attachment A -fiv Witiids�s Whereof.;''the . Pa . di&s evidence thehr acceptance .arid jagrPqMCllv:with :ffie provisions l -of this Agreement by i�ilnlsigng tN , FLORIDA POWER -ALIGHT COMPA R-.Vaoelit&rjeld Vice President and General - 70,'Univ 0 B idd� d Universe E.0 e'var Juno Bq GUMPOWERVOMPANY 15 OFFICE or PUBLIC .0.0 OU'L ,3,: K. K61 11.1 N' Icst.�maalson.g,tredt,.R.o�alt 912 Tallahassee,.. ........ lAhas§ee, FL32,895-140NY By: Stephanie 1J."Eatoh Spill nan 11.0 Oakwood Drive, ,Suite 500 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A 20200070-EI,20200071-EI,20200092-EI PAGE 37 In Witness Whereof,. the Paities evidence their acceptance and agreement :with the provisions of this Ageement,by their signature. FLORIMA POYVER& LIGHT COMPANY By: R. Wade 1. 611fielcl Vice President and General Counsel l7lorida'Powcr & Light Company 700'IJniuerse 13oulevacd juno Beach, FL 33408-04.20 GULF POWER COMPANY By l2.ussell A.: F.3adden VP & Associate General Counsel Gulf Power Company One Energy Place Pensacola, FL 32520 15 OFFICE OF PUBLIC COUNSEL By: 3-R. Kelly The Florida.Legislature 111 West A4adison.Stieet, Room 812 Tallahassee, FIS 32899-1.400 WALMART IATC By: AlSteiftnie U. F61on Stephanie U. Exton Spihnan Tlioinas & Battle, PLLC 110 Oakwood Drives Suite 500 Winston-Salem. ITC 27103 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 3 8 C> RTIFICA`! E c)F SERVICE Docket Nus. 20200070, 20200071; 20200092 Attachment A I HEREBY CERTIFY the a true and correct cope of the foregoing has been furnished by electionie service oii this'27tlt day of July 2020 to.the'following: Charles:Murpby; Esquire Office of Public Counsel Rachael Dziechciarz,'Esquire c/o The Florida Legislature, Shaw Stiller,Esquire :111 West Madisoi1'Street, Rooin 812 Florida public Service Commission. Tallahassec,'FL.32399-1400 2540"ShumardOak- Boulevard kelly.ir(")ep—state.fl.us 7`allahassee,,Fl. 32399 rehwinkel Charles le :state.fI:tts rdziechc psc.state.fl:us cliristensen.pattyCa�lee.state.fl.us cinirr6hyabsc.stateRus dayid.ta&dkik:state.fl.us sstiilcr sc state.fl:us coarse.ste2hanic(&Iegstate.fl.us For CommissionStaff fall fry:mieille lee:state.fl.us i'`or Offwe of Atblic. Counsel John T. Burnett Dianne M. Triplett Vice President and Deputy General Counse Deputy General Counsel Jason A. T-ligginbotham Duke Energy Florida, LLC Senior Attorney 299 First. Avenue North Florida Power & Light Company St. Petersburg,: FL 33701 700 Universe Boulevard E:-Dianne.'i ripletticlaDuke-Energy:com Juno Beach, FL 33408-0420 Email iohn.t,bum it(aAfRoom Matthew R. Bernier Email: jason.htgginbotham a,f_pl:com Associate General Counsel Duke Energy Florida, :LLC Russell A. Badders 106 E. College Avenue, Suite 800 Vice President &:Associate General Counsc Tallahassee; FL32301. Gulf,Power Company E:_ Matlhew:13eiriier c&Duke-Energyc_om One Energy Place FLRegulatoryLe&il a,Duke-Energy.com For Dtdce Fsergy Florida, ICC Pensacola, FL 32520 Email: nissell.baddersna nexteraeneteyeiolii F6i . Graf Power :Company ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 39 Attachment A John T. Burnett Jan,ies D. Beasley Vice President and Deputy General Counsel J. Jeffrey Wablen ORDER NO. PSC -2020 -0292 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment B 20200070-EI,20200071-EI,20200092-EI PAGE 40 F1LED 813/2020 , IDOCUMENTNO 04276 2020 FPSGt _COMMISSION, CLERK;. DUKE ENERGY; fLORMA Matthew R: Bernier ASso �ateG la`I Counsel D keEn rgy Fl f/Az,.LLC.- August 3, :2020 VIAELECTRONIG FILING Mr. Adam Teitzman,:Conuriission'Clerk Flofida Pub] c;Service Conuriission .2540 Shtunard Oak BOnleVard Tallahassee,Tlorda 32399-0850 Re. Review of 20201029 Stonrr Proiecfion PlartPi4rsitarTt to RTrle 2.5-6 030, FA C. Dz he EnergyFlbridii; LLC; Docket No. 20200069-E1 Dear Mr. Teitzinan: On 7nly 31, 2020, Duke Energy<Florida; LLC (`DEF ); filed a Joint Motion for Expedited Approval of ;Stipulation and Settlement Agreenient Regardiuglhe Storm Proteetion.Plan ("Joint' Motionl, on. ;behalf of DEF; the Office of Public Colmsel ('opt"), ), and White Springs Agriciiltural Chemicals, Inc: d/b/a PCS'Phosphate (PCS Phosphatel,. Wahnart'didnotprovide aTositiou at the time the Motion was filed. Walmart has agreed to' Uecome a signatory to the Settlement,Agreement andthereforesupports the,7oint'Motion., ;There are,no other changes to' he Settlement Agreement. Attached for filing is,:an Updated Stipulation, and.Setdement.Agreement Regarding:tlie Storni Protecfion Plan. Thank,you for:your;assistance in this matter. P.lease:feel free to call me of (850) 521-1428 should you have any:questions ;concerning this filing. Respectfully; •sXMattlithvIR Ber' iii Matthew R: Bernier Matt Bemieft7a,duke-enerey:coin' e Mfw/mw Enclosures k �0 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 41 CERTIFICATE OF SERVICE Docket No. 20200069=EI Attachment B I HEREBY. CERI that a me and correct copyof theforegoing has been fum.islied to`tlre m following by electronic ail this,`Xd tiaynf.A.ugust, 2021, to all parties Of.record as indicated below.. 3on'C Moyle:; h. / Karen A. !"nal 118 North Gadsden Street Tallahassee, FL 32301 imo�=lc�moylelaw. coin .knutnal0tn elav'v.chin sl.Adatthets7.R. Bernier Attorney .T:I2:;IeHy /'Charles::i.IZehrvinket. Oftice of PuUIic' Couiksel clo'The Florida Legislature I I ]'V1'cst Madisbti St:, Rm::8I2 Tallahassee,'F'I 32399 ]4Qfl ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 42 BEIORE THE FLORIDA PUBLIC SERVICE CC)1ti9MISSION. Review of2020-2029 Storni Protection Plan Docket No. 20200069-E1 pursuant to Rule 25-6.030, F:A.C., Duke Energy Florida,UX 'Filed: Augusta, 2020 WEN s 1 I\ c\ 1 t\ Attachment B WHEREAS, Duke Energy Florida, LLC ("DEF"), Citizens through the Office of Public Counsel ("O'PC"), White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate ('`PCS Phosphate"), and Walmart Inc.. (collectively, the "Parties) have signed this Stipulation and Settlement Agreement (the "Agreement"); unless the context clearly requires 'otherwise; the terni "Party" or "Parties" means a signatory to this Agreement; WHEREAS; On June 27; 2019, the Governor of Florida signed CS/CS/CS/SB 796 addressing Storm Protection Plan Cost Recovery; W.IIIi61 h rajas codified in Section 366.96, F.S. WHEREAS. tl 6 Florida Legislature found in Section 366`.96(1.)(c), F.S., that it was in the State's 'interest to "strengthen electric utility infrastructure to withstand extreme weather conditions ;by promoting thz averliead hardening of electrical transmission and distribution facilities, ilia undr)"grounding of certain electrical distribution lines, and vegetation managerne, t" acid for each electric utility to "thitigate restoration costs and outage tunes to. utility customers when developing transmission: and distribution storm protection plans." Section 366.96(1)(e), F S.; WHEREAS, the Florida Legislature directed eac..h utility] to filea ten-year Stonn, ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 43 Attachment B Protection Plan (.'.'SPP') that explains the storm hardening programs and projects the utility will implement to achievo the legislative objectives. of reducing restoration costs and .:outage times associated with :extreme weather events and enhancing reliability. See :Section 366:96(3), F:S.; WHEREAS, The Florida Legislature directed,tlie Florida Public;Service Commission ("Commission") to conduct an annual proceeding to determine: the utility's prudently incurred S'PP costs and to alto"vtlie utility to recover such costs through a charge separate.and.apart.ff its base rates, to berefercnced as the Stone 'Protection Plan Cost Recovery Clause(" SPPCRC"). See Section 366:96(7); F.S.; WHEREAS, Rule 25-61.030,1F. A.C., regiiires each utility to file mi updated SPP. at least every three years that covers the utility's immediate ten-year planning period and specifies the information to be included ih each ;utility's SPP; WHER1wAS,12ule 25-;G X31, l .A.C., provides 'that aftera utility has filed its SPP it may petition the Commission for -recovery of the costs associated with the SPP and implementation activities and specifies.the informationto be included in each utility's SPPCRC filings; WHEREAS, the Parties engaged :in significant discovery in:the`SPP°docket; and have thoroughly reviewed and .evaluated:DEF s 2020=2029 SPP; WHEREAS; the Parties have enieredinto 'this Agreement;in compromise;ofposiiions -taken in accord witli their rights and interests Under>Chapters'350, 366, and 120;:-FloridaStatutes; as applicable,; and as apart of.the'negotiated excharrge of consideration among the Parties to this; Agreement- each has agreed to concessions to.the others with the expectation that all provisions . -, of the; Agreement .will be enforced. b. y the Commission as to all matters addressed herein with respect to all Parties regardless of whether a court ultimately determines such matters to reflect Commission policy; upon acceptance .of the Agreement as provided :herein and upon approval as ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment B 20200070-EI,20200071-EI,20200092-EI PAGE 44 in the Public_ interest;,and .NOW TI IEREF:ORE;.in consideration of the foregoing And the covenants contained herein; the Paities hereby stipulate- and agree: DEF 2020-2029 Stotin Pirotection Pisan. (Docket Nos.. 2020006:9 -ED The Parties agree that the:record supports a Commission finding that 'DEF7s Feeder Hardening Program is in the public interest and that DEF proceeding to implement tate program (consistent with any action taken pursuant to the Provisions of'paragraph 11) is not evidence of imprudence. 14te Parties agree that the:record supports a Commission finding that DEP', "tem :Hardening Program is in the public interest and that DEF proceeding to implement the program (consistent with any action taken pursuant to the provisions of paragraph 11) is Ilot pyideIlce oflniprudence: 3. The Parties agree that the record supports a Commission finding that DF?s Self,- Optimizing Grid SOG.Prograin is in the public,interest acid t1►at. DEE`pro,,ceeding to "implement the program.(consistentwith any action taken pursuant to the provisions of paragraph 11) is not evidenceof imprudence. 4. The Parties agree that the record supports a Commission finding that DEF's Underground Flood -Mitigation Program is in the public interest and that DEF proceeding to uriplein!ent. the program (consistent with -any action taken pursuant to themprovisions of paragraph 11) isnot evidence of imprudence. 5. 1the. PIrties:agree that the record supports a Commission finding that DEF's Distribution :Vegetation ManagementProgram is in the public interest and that DEF proceeding to implcment:the. program (consistent with.any action taken pursuant to the provisions of hy ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment B 20200070-EI,20200071-EI,20200092-EI PAGE 45 paragraph _1`1) isnot evidence of imprudence. 6. The Parties agree that the record supports:a Commission finding that DEF's Transmission Structure. Hardening Program is in the public interest and that DEF proceeding to implement the program (consistent with any action taken pursuant to the provisioiis of paragraph 11) Is not evidence of imprudence. 7. 7lie Parties agree that tbefecord supports a Commission finding that DEF's Substation Flood Mitigation Program is in the,public interest and that DEF procceiing to implement the program (consistent with any action taken pursuant to the. provisions of paragraph 11) is not evidence of imprudence: 8. The Parties agree that the record supports a Commission finding that l EF's J"p Radially -iced Substations Program is in the public interest and that DEF proceeding to implement the program (consistent with any action taken purmant to the provisions of paragraph 11)'is not evidence of imprudence. 9. The Parties agree that fame record supports a Commission finding that DEF's Substat on Hardening Program is in the public interest and'that DEF'proceeding to implement the program (consistent with any action taken pursuant to the provisions of paragraph 1.1) is not evidence of imprudence; 10. 'Ihc Parties agree that therecord supports aCommission' finding that DEF's Transmission Vegetation Management,Program is in the public interest and that DEF proceedingto implement the program (consistent with any action taken pursuant to the provisions of paragraph f 1) is not evidence of inmprudence. 11. Time Parties agree that, in 2022; DEF will file its updated SPP for the period 2023-2032; required by section 366:96(6.), F.&, to be filed at least every`3 years after approval ofthe ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment B 20200070-EI,20200071-EI,20200092-EI PAGE 46 Company's SPP. DEF agrees that it will not materially expand the scope-�of'the programs ,and associated expenditures it seeks;to.recoyer ui the SPPCRC for the years 2020 — 2022 beyond those that are included in the estimates shown on page .40 of Exhibit JwOm2 (the DEF SPP) filed;on April 10,,. 200, updated on,Jut e 24, 2020, and as modified in the filingmade on..July 24, 21020,,�in the SPPCRC. DEF will base its requests for.cost recovery through the SPPCRC for the years 2023, 2024 and 2025 on the SPP update to be filed in 2022. I2: The Parties:agree that the approval Hereunder should not include or imply any determinatioit of prudence for anyparticularproject tender said Program. OPC, PCS Phosphate, iF,IP1JG, and Wa.Inart retain the right to °challenge °the 'prudence or reasonableness.of any projects or casts for any project submitted through the SPPCRC. ........................................... OTHER PRO ISIONS 13. The Parties Stipulate to entry into the record the direct, and rebuttal testimonies and exhibits of DEF witnesses Jay Oliver and. Geoff Foster; the direct testimonies and exhibits of OPC witnesses Scott Norwood and Helmuth Schultz III; and the .testimony and exhibits of Walmart witness Lisa Perry. 14, The, Parties waive cross exatnination of all witnesses. 15. lrtte Parties waive the right to file a post -bearing oriel:' 16. Nothing in the Agreement will have precedential value, 17. 1'he provisions of the Agreement are contingent upon approval by the Commission in its entirety without modification. Except as; expressly set out herein, no Party agrees, concedes; or waives any position with respect to any of the issues identified in the Prehearing Order, and this Agreement does not expressly address anyyspecifuc issue or ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment B 20200070-EI,20200071-EI,20200092-EI PAGE 47 -anyposition taken thereon. 'The Parties will support:approval of the Agreement and=will itot regUest or:support aiiy order, relief,: outcome, or result rii conflict with it No P;arty'to the Agreement will request; support; or seek to -impose a change to any provision:ofthe Agreement. Approval of the: Agreement'in its entirety will resolve all matters and issues in this docket'. This docket`wih be closed, effective on.the .date iliat the Commission Order approvingthis Agreement is final, and no Party to the Agreement will seek appellate review of any order issued: in this docket. 18. The Parties agree that approval of the Agreement is in the public interest: 19. This Agreementinaybe executed in counterpart originals; and a scanned .pdf copy of an original signature gi _ , igna" g ture sltall be deemed an ori mal .or -via etectronic's ture. Any person or entity that executes a,signattire page to this Agreement shall become and be deemed a Par iy w.ith tI e ;dull range of rights and responsibilities provided hereunder, notwithstanding that such person or entity is not listed in the first recital above and exeMes the signature page si bsequent to the date of this Agreement, it being expressly understood that the addition of any such additional Party(ies) shall not disturb or diminish the benefits of this Agreement to any current Party. Executed the 315L day of, 2020, Updated the 31 day;of August, 2020.. By:1slCatherine.Stennpien Catherine Stempien State. President Duke Energy Florida;: LLC 299 l Ave.'N St. Petersburg, FL: 33701 For Duke Energy norida, ILLC ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 48 By: ,/sLJA hell. J.R. Telly Public Counsel Office of The Public Counsel c/o The Florida Legislature 111 West Madison St., Room 812 Tallahasseca PL 32399-140-0 For Office of Public: ;Counsel By AIJ'amesPretiv:... ........... Jaiues Brew Stone Mattheis`lenopoulos & Brew 1b25 Thomas Jefferson Street, Kw r ighth'Floor, West Tower Washington, D.C. 20007 For White Snring3 Agricultural Chemicals; 1riG d/b./a PCS Phosphate By; ,/s/ Stevhanie U Eaton Ste phariie 1u,. taton Spilnian Tltotu, 8c Battle, PLLC'I 10. Oakwood Drive, Suite 5.0.0 Winston-Salem: NC. 27103 Por walmart Tnc. Attachment B Ms: ORDER NO. PSC -2020 -0293 -AS -El DOCKET NOS. 20200067 -El, 20200069 -El, Attachment C 20200070 -El, 20200071 -El, 20200092 -El PAGE 49 Augusta 2020 AlXw EL-EGTRbNlC'l]FMING Mr Adam 7 :Weitzman doriim s s'i o- n Clerk FloridaPubhc 254'0,Shumard:, Boulevard Ta11a11assee FL 32399=085Q Review 0 Storm fibte'da'oT�n-Pf " T ; EP ,fM -'Ao.; 0200067�-- p a-tC mpany 0il Storm,P ''o lqn pi ;Cost Recovery, Cl�-' � MCt, - -pip -., , .,.<)Very,�u : !. Dt FILED 8131202 � ': DOCUMENT'NR I mgvojWwok Attached fo'ti "inglnifie,a�ove, 0�keisls!NTampa tle ctrC, omp�ysM6tio'nloApprove s :"4 n andSettlement-..,4rorrie fit. T 7W.,or,yourassi" ec6 vvin Y' is.'rhAtt&' Sincerely, a, 49 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070-E1,20200071-EI,20200092-EI PAGE 50 BEFORE THETUORIDA PUBLIC SERVICE COMMISSION hire: Review.of 202072029 Storm Protection Plan pursuant to Rule 25-6.030 RA;C:; ) Docket No.'20200067-EI Tampa. Electric Company ) In re: Storm,protection plan cost recovery Docket No. 20200092 -EI Clause ) Filed: August 3, 2020 Tampa Elecfr c Company's Motion to Annrove.Stinulation and Settlement Agreement Tampa Electric Company ("Tampa Electric" or "the company"), pursuant to Rule 28- 106.204, Florida Administrative Code., hereby requests. that the ;Florida :Public ;Service Commission (".FPSC" or "Commis"sion") :approve the Stipulation and Settlement Agreement included with this Motion as Attachment "A" and made, a parthereof, and states: 1-. On April 10, 2020 Tampa Electric filed,a Petition to approve its 2020 -29 -Storm Protection Plan ("SPP" or "Plan") in Docket No. 20200067-Ei. its SPP Petition was accompanied by the prepared direct testimony and exhibits of Gerry R. Chasse (Ex.. No. RC -_t), Regan B. Haines (Ex. No. RBB -1), John H. Webster, A. Sloan Levis (Ex. No. ASL -I) and Jason D. DeStigter. 2. On May 4, 2020, Tampa Electric filed a .2020 Settlement Agreement ("2020 Agreement") for approval in Docket Nos. 202001064-E1, 20200065-E1, 20200067-E1 and 20200092 -EI. The Commission opened Docket No. 20200145 -EI to serve as a centralized docket for cons. ideTation of all of the issues in the 2020 Agreement. .3 (33, May 26, OPC filed;the direct testimony and exhibits of Lane Kallen (Ex. Nos.. LK -1 thru LK -3) and Scott Norwood (Ex. Nos. SN=l thru SN -3) and related exhibits addressing . Tampa Electric's SPP. Walmart filed the direct testimony and ,;exhibits. of Steve W. Chriss (Ex. I ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,202000717EI,20200092-EI PAGE 51 Attachment C No.'S.WC4) and -:Lisa V. Perry (Ex. No. LVP-i) on the same day. Tampa Electric filed rebuttal testitiony;froiri witnesses Haines, Lewis (and. Ex. No. ASL -2) Arid DeStigterbn lune 26, 2020. 4: On June 30, 2020; the Commission memorialized its approval of the 2020 Agreeiiient in Order No. PSC-2020-02247AS-`El. The 2020 Agreeiiient;resolves;severa'l, but not all, 'issues in Docket No. 2020067 -EI and in this Docket No. 20200927Et; The centerpiece of 2020 Agreement is a:provision under which Tampa Electric will reduce its:base rates'by all agreed-upon amount And will recover all if its SPP -related costs .(with limited eSceptions).deemed:prudent by the Commission through the SPP Cost Recovery Clause ("SPPCRC"). 5. On July 24, 2020 Tai ipa Electric filed;a petition to recover costs Associated with. its SPP ("Cost Recovery. Petition") in,Docket:No. 20200092 -EI. 6. The Parties :engaged in extensive discovery in the SPP docket :(Docket No. 2020067 -EI). Through this process, the Parties thoroughly reviewed and evaluated Tampa Electric's SPP programs; the SPP projects plannedfor<2020 and 2021, and the related project costs, program costs, and rate impacts. Since the 2020 Agreement included the one-time base rate reduction; no discovery was necessary in the SPPCRC docket (Docket No. 20200092-E1) regarding whether the costs the company will recover through the SPPCRC include costs being recovered through the utility'sexisting base rates or any other cost recovery mechanism. 7. As a direct result ofthese efforts; the Parties ultimately entered into.the Stipulation and Settlement Agreement, which builds onthe of tete 2020 Agreentent and establishes; a series of stipulations intended to resolve :all issues in Tampa Electric's SPP docket, Docket No. 20200067 -EI, ,and to resolve all issues related to Tampa Electric in tle:SPPCRC docket, Docket No. 2020092-E1. The Stipulation and Settlement Agreement is attached to this Motion as Exhibit A. 2 DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070 -E1,20200071 -E1,20200092 -EI PAGE 52 8. The standard for approving a settlement agreement is whether it 4s in the public interest.' ;9 The Parties to ihe-Stipulation and Settlement Agreement agree that the Agreement. is in the public, interest and should be approved. 'The Parties: entered into the, Agreement, 'eachTfor their own reasons but all inxecognition that the cumulative total of the regulatory actio tybefore the Commission involving Tampa Electric and the other investor owned :electric utilities — now and for the rest of 2020 - is greater than normal. Approving these stipulations, s'in the public interest because doing so will, among other things: (a) allow Tatnpa Electric to :implement its Storni Protection Plan and begin cost recovery through ilie SPPCRC.without delay; (b) reduce the regulatory mid administrative costs and risks that would,liave'been associated with two contested hearings before the :FPSC and (c) give :the FPSC and consumer parties an opportunity to review the company's,riext SPP. one (1) year earlier than required bylaw while retaining the opportunity to participate in future proceedings on the,prudency of costslo be recovered through the SPPCRC through the normal FPSC cost recovery clause process. IQ. The Stipulation and Settlement Agreement represents a reasonable compromise of divergent positions and frilly resolves all of the issues raised in the Tampa Electric SPP and RPM, dockets. Considered as a whole, the Stipulation and Settlement Agreement fairly and.. ' Sce Order No. PSC72020-0084-5-EI, issued March 20,1020, in Docket No. 20190061=EI (Petit ion for Approval of SolarTo� ether program And 'tariff. by Florida Power & I:ighi CoTnMny) at .5, citing Sierra Club V. Brown 243 so: 3d 903, 910-913 (Fla: 2018); Order No. PSC -13-0023 S -ET; issued on lonuary 14, W11, in Docket No. 120015-E1, In re:. Petition for increase in rates by Florida Power & Light Company; Order No."PSC-11=0089 `S -ESI, issued February. 1; 2011, in Docket `Nos: 080677 -EI and 050.)O -El; In re: Petition for increase in rates by Florida Power & Light Company and In re: 2009 depreciation and dismantlement study byFlorida Power&Light Company; OrderNo. PSC- 10-0398-S-F31;issued :Tune:i8,;2010; inDoeketNos.090079El;090144-EI,090145-EI;and 1'00336- 1; In re: Petition for ;increase in _raies by Progress 'Energy Florida, Inc, In re: Petition Tor limited proceeding to include Bartow npowering;project inbase mtes,'by Progress;Energy Florida, Inc., In re: Petition for expedited approval of the deferral of pension expenses, auiborin ion to Charge :storm hardening expenses to the storm damage reserve., and variance. from or waiver of Rule 25-6 0143(lxc), (d), and (t), FAC, by hrocress EnergyFlorida; Inc,, and In re; Petition for approval or an accounting order to record a depreciation expense credit; by Progress Energy Florida; Inc:, Order No. PSC-05-094543EI, issued September28 2.005, in mocker No. 050678-131, 'In re: Petition for rate increase by Progress Energy Florida, Inc. a-6 07- ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 53 Attachment C reasonably balances 'the:interests of customers and the utilities and is consistent with the stated purpose and intent of. Section 366.96 of the Florida, Statutes. Approving :the Stipulation and. Settlement ;Agreement is consistent with the Commission's long-standing policy of encouraging " h6 settlement of contested proceeditigs;in a main er:that,befi fits the customers. of utilities subject to the Commission's regulatory jurisdiction. Accordingly; the Stipulation_ and Settlement. Agreement,is in the public interest and should be approved. 11. To maximize the admnistratrve.iand,regulatory. efficiency benefits inherent in the. Stipulation,and Settlement Agreement for the Parties and the Commission; and the.public; Tampa Electric, with the .support of the Parties; requests'that thesCortirnssion take up"the :Stipulation and Settlement Agreement for consideration assoon:as possible; possibly,as early.as the beginning of the August 16'h'hearing 'scheduled in Docket No. 2020:0067=EI.2 Tampa Electric will ;cooperate fully with Staffand,will provide, in at melt' mariner; whatever nfotmaion is necessaryto;enable Commission review of the Stipulation and Settlement Agreement. 12. T11e undersigned counsel has consulted with counsel for the Office of Public Counsel; the Florida Industrial Power Users Group, and Walmart and is authorized to represent that they support this Motion. 2 If for notice or other reasons,. the Commission doesn't believe that it can take up the Motion and approve the Stipulation and Schlemeni.Agreement in its entirety on August t6" ,Tampa Electric requests that the Commission convene the final hearing in DooketNo. 20200067-:ETon August 10, 2020, admit the testimony and exhibits into the record m provided in the Agreement; recess the hearing,.and take up the Motion and Agreement As soon as possible; perhaps at the September I� 2020 agenda conference. ORDER NO. PSC -2020 -0293 -AS -El DOCKET NOS. 20200067 -El, 20200069 -El, 20200070 -El, 20200071 -El, 20200092 -El PAGE 54 DATED �8rd day &A,4g-s't..'�bk 11 1 i -I Respectfully — submitted i, Attachment C ATTORNEYS FOR Tklv2A, ELECTRIC ;q- WAIy l� ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070-EI,20200071-EI,20200092-EI PAGE 55 CFRTIFICATE OF SERVICE I I•IEREBY CERTIFY that a true <and.correct copy of the foregoing Motion, filed on belialf of Tampa Electric Company, has been fits-nished by electronic mail on tliis 3rd day of August, 2020 to the following: Office of General Counsel Jennifer Crawford Charles Murphy Rachel Dziechciarz Florida Public Service Commnission 2540 Shumard Oak Boulevard Tallahassee, F.L32399-0850 jcrawford(2Z psc.state.fl.us ctnunphy@Iisc.state.fl;us rdziechc(a psc.state_fl.us Ofiice of Public Counsel J..R. Belly Charles Rchwinkel Mirei.11e Fall -Fry Tad David c/o The Florida Legislature 111 West Madison Street, Room 812 Tallahassee, FL 323994400. kelpjm leg.state:fl:us. reliwinilel:cliarles(tt�.leQ state.fl.us :fall=fry mtreille(dlleg:state.fl.us David -tad CeMepstate.-Rus Stephanie U., Eaton Barry A. Nauni SPilman Thoriias &battle, PLIC.( 110 (Oakwood Drive, Suite 500 Winston-Salem, NC!27103 seatonra.syi llmaiilaw: com biiaunn�a sallniaiilaw:com Derrick Price Williamson Spihnan Thomas &.Battle, PLLC 1100 Bent:Creek'Blvd., Suite.10I Welianicsburg, PA 17,050 dwi11iat nson(q�)spilmanlaNN%coin The Florida Industrial Power Users Group Jori C. xloyte' Jr. Karen A. Putnal Moyle Law Titin The Perkins House 118 North.Gadsden Street `Tallahassee„ Fl, 3230] imoyle@m6V!elaw.com movlelaw.com 1partnal moylelaw. com. niquallsCa moylelaw.com Florida Power & Light Company J.olui Burnett Christopher Wright Jason Higginbotham Ken Hoffman :134 West Jefferson Street_ Tallahassee FL 32301-1'713 (850) 5213900 ;(850) 521-3939 Christopher. Wright@ fpl.coni :Iobn.'`I°. Burhett@fpl cotir Imon Higt;inbotham{ofpl.com ken.hoffinanO nl.com PCS Phosphate — Whitc Springs James W. Brew/Linda Wynne Baker c/o Stone Law Firm 1025 Thomas Jef erson St.; NW Suite 800 West Washington, DC 20007-5201 ibrew snikblaw coni lwb tl7i smsblaw:com ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 56 Duke Energy Dianne Triplett Matthew R. Bernier Robert 1'X1,619 106 East College Avenue, Suite 800 Talltilxassee FL 32301-7740 Robert.PickelsQduke-energy.com Florida Pnb'licUtilities Ccin piny $ Mr, Mike Cassel 2081? 111dlioif:Ave: Xuke FL<3207' (904)491436.1 iixcasst;l�fpiic.coxix . Attachment C Gulf 110.wer Coix parry Russel Badders Mark Bubriski 134 West Jefferson Street Tallalwsee:.FL 32301 ............. .......... (85.0)15.2111-39.37 (850):.52.l.-3939 Rxissel.Wdder. Pexieraenergyxori ixxark:lxubrxsfc iQneateraeiiera:crii I.abc`Ghtles t?[temyeller Vote Warr 151 Lstoria Street SE Atlatxio GA, 303,16 katxeCa),votesolar;ora Zajiie SiriiUi x Docket No.,20200092-I<1`U#13 AARP :300 Central. Ave., Suite] 750. St Petersburg, L 33,701.` zsiiiitlillrtaarp.ori? ,ATTORNM, 6q 5� ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 57 Attachment C j� ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-E1 PAGE 58 BEFORE THE; F.LORIDAPUBLICSERNTICE COMMISSION Attachment C In °re; Review of 2020-2029 Storin;Protection Plan pursuantto Rule 25-6.030, RA -C:; ) Docket No: 20200067 -EI Tampa: Electric;Compariy j Iii re; Storm,protection plan cost recovery ) Clause ) Docket No. 20200092 -EI ) STIPULATION AND SETTLEMENT AGREEMENT. THIS AGREEMENT is dated this 3rd day of August 2020 and is by and between Tampa Electric Company ("I ampa E lcctric':ortlie "company') and the Office of Public Cto uisel ("OPC"' or "Citizens"), the Florida Industrial Power Users Group ("FIPUG") And Walinart Inc. "\ValinarE"). t=.ollL: tivcly;,'I'anipa.Electeie, OPC, FIPUG and Walmartshall be;refe red to herein. as the "Parties" and the term "Party'' shall be the singular form, of the term "Parties." This documentshall be referred to as the"Tampa-Electric SPP Agreement":or the "Agreement:" Recitals' A; Tampa Electricfiled ;a.Petition to approve its Storm Protection Plan Tor 2026-2029 ("SPP") with.the Florida Public Service Commission :('TPSC" or "Commis'siori") on. April 10,. 2020, in Docket No. ;20200067 -EI. Its :SPP Petition and SPP were accompanied by the prepared direct testimony and exhibits of Gerry R. Chasse (Ex. No. GRC-1), Regan B. Haines (Ex. No.: RBH-I); John 1-11. Webster; A. 'Sloan Lewis .(E . No. ASL J), and, Jason D. DeStigter: The' company's :SPP includes the following programs. Distribution Lateral Undergrounding; Vegetation Management, Transmission Asset Upgrade's, Substation Extreme Weather Hardening; Distribution Overhead Feeder Hardening; Transmission Access Enhancement, Infrastructure Inspections; and Legacy Storm:Hardening;Plan 'Initiatives. "1 • ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 59 Attachment C .B. OPC filed the direct testimony -and exhibits of Lane Kollen (Ex. Nos. LK -1 thru LK -3) and Scott Norwood (Ex. Nos. SN -1 thru SN -3) and related exhibits addressing Tampa. Electric's "SPP on May 26, 2020.. Walmart filed the direct testimony and exhibits of Steve W. Cl r ss (Ex. No. SWC -1) Arid Lisa V. Perry (Ex. No. LVP-;1) on the'same day. Tampa:Eleetric filed rebuttal testimony from witnesses Haines, Lewis (and Ex, N. o ASL -2) and be$tigter on June. 26, 2020. C. Tampa Electric filed a 2020 Settlement Agreement (C'2020 Agreement'.. for approval in Docket Nos. 20200064 -EI; 20200065 -EI, 20200067=EI; and 20200092 -EI on A44Y 4, 2020. The Commission opened .l)ocket No. 20200145=EI to:serve .as a centralized docket for consideration of all of the issues in the 2020 ,Agreement: D. "17ie centerpiece of the 2020 Agreement is a provision .under which Tampa Electric will reduce its base rates by an agreed-upon amount (approximately $15 million.) and will recover all of the costs (with limited exceptions) determined prudent by the Commission associated with activities in its SPP (O&M expenses and capital projects) through the Storm Protection Plan Cost ltccovcry Claw , ("SPPCW }. Among other things, the 2020 Agreement was intended to promotetransparency and ensure that the costs the company will recover through the SPPCRC do not include costs being recovered through the utility's existing base rates or any other cost recovery mechanism as required by Rule 25-6.031(6)(b), Florida Administrative Code, in accord with Section 366.94($), Florida Statutes. The Commission approved the 2020 Agreement and memorialized its :decision in Order No. PSC=2020-0224-AS-EI; .dated June 30, '2020, in Docket Nos. 20200145 -EI, et seq. E. Paragraph 11(b) of the 2020 Agreement specifies the cost of service and rate design. principals to bemsed;for the approximately<$15 million base rate reduction and development of 2 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 60 cost:recovcry factors in the SPPCRC proceeding. It states: The specified amount of base revenue ;reduction: described above.:. will be accomplished through one-time reductions to base rates using the cost allocation and rate design principles reflected in Paragraph 3 of the 2013 Stipulation amo ig the Parties as modified by paragraph 3 of 'tlie 2017;Agreemezit, and those same cost' allocation and rate design principles sliall be used to develop llre cost recovery factors./rates that will be used.. for: SPP: cost recovery lithe SPPCRC beginning iii 2020 land, annually thereafter as provided in paragraph3(g) of the 2017 Agreement; Attachment C P. TainpaElecirle filed a motion to approve :tlie:tariff chaiiges necessary to:iinplcment the base rate reduction contemplated iii the 20.20. Agreemmit .in. Docket No. 20200092 -EI on July 31, 2020. 1"lie tariff ohanges necessary to Implenieritthe base :rate -red uction :contemplated in the 2020 Agreement were prepared using the cost allocation and rate design principles in specified in paragraph 11 (b) of that agreement. G. Tampa Electric filed a petition to recover costs :associated with 'its SPP ("Cont Recovery Petition') on July 24, 2020., in Docket No. 20200092=E1. Its Cost Recovery Petition was accompanied by the:prepared direct testimony of Mark R. Roche (Ex.'1vIRR-1), David L. Plusyuellic (Ex.DLP-1. ), A. $loan Lewis (Exs. ASL -1 acid ASL -2), and 'William R. Ashburn(L'x. WRA-1). I'lre SPP cost recovery factors.proposed by the company were developed in accordance with paragraph 11(b) of the 2020 Agreement. H. The Parties have engaged in extensive formal discovery ;in the SPP docket and nformal discovery iii :the SPPCRC docket. Through this process, the Parties have thoroughly reviewed and evaluated 1onipa. Electric's 2020-2029 SPP and the projects planned for 2020 and 2021 and the related projectcosts, program costs and rate impact of the proposed SPP: The 2020 Agreement included" the approximately $15:million base rate reduction described above, so it was not necessary for the Parties to conduct discovery to detect possible double recovery of costs through the SPPCRC and base rates in the .SPPCRC docket. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 61 I. Having, considered the company's SPP; the testimony and exhibits filed by the Parties, and the extensive inforination exchanged during formal and informal. discovery; the Parties. have, agreed that there is a record basis for -the Commission to approve: ,(1) 'the 'SPP �as filed In Docket No. 20200067-E1 and (2) "cost recovery as proposed by Tampa Electric in Docket No. 20200092-E1, subject to the.terms and conditions specified in this Agreement, thereby essentially resolving by approval all :of the issues currently pending -for Tampa'Electric in those .two::dockets, I The;Partwsl have entered into"this Agreement in compromise of positions taken in. accord with their rights and interests under :chapters 350, 366 and 120; Florida Statutes, as applicable, and as: _part of a negotiated. exchange of Consideration ::among the Parties. to this Agreenlent, each Party has: agreed to concessions to the others with the. expectation, ;intent, and, understanding such that all provisions of the Agreement, upon •approval :bytlie Commission, will N enforced bythe Commission as to all maiters,ad, dressed herein withrespect to all Parties. The. Parties agree that this Agreement is in - the _-public interestand should be approved. NOW, THEREFORE, in light of the niutual ;covenatits of the Parties and the benefits accruing to all Parties through this Agreement; and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: :Terns Docket No. 20200067-E:l .2020-2029 Storm'Protection Plan 1. The Patttie% agree that the direct and rebuttal testininny and exhibit -,filed ky Tampa Electric, OPC.and Walniait as.described above should be inserted into the evidentiary record in Docket No. 20200067 -EI and -waive cross examination ofthose'witnesses. Tlie Parties also further agree that the other exhibits related to Tantpa Electric as shocam on the Comprehensive. Exhibit LiA prepared by the FPSC StalTshauld also be:adtnttted into1be :evidentiary record in Docket No. 4 d G/ ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 62 Attachment C 20200067 -.EI. Upon the admission of the testimony and exhibits into .the evidentiary record as specified in this paragraph, the Parties agree as provided inparagraphs2through '17, below. ;2; The Parties agree "that the record supports a :Commission :finding that Tampa Electric s 'Distribution Lateral. Undergrounding Prograin is I mAhe public interest .and :that Tampa. Electric proceeding to implement the program in 2020, 2021 and 2022 is not evidence of imprudence. 3. The Parties agree that the record supports a Commission finding "that Tampa Electric's Vegetation Management Program is in the public interest and that Tampa Electric proceeding to implement the program in 2020, 2021 and 202Zis n6t.evidence of imprudence. 4., The Parties. agree that the record supports a 'Commission finding that Tampa, Electric's Transmission. Asset Upgrades Program is'iri the public interesf and that Tampa Electric proceeding to. implement the program in 2020„2021 and 2022 is not evidence of imprudence, 5. The :Panties agree that the record supports a :Commission finding that Tampa Electric's propowd:study for the Substation Extreme Weather Hardening Progratii is in the public interest and that: Tampa Electric proceeding with the study is notevidence of imprudence. 6. The Parties agree that the record supports a Commission finding that Tampa Electric's Distribution Overhead..`eeder,Hardening Program is in the public interest 'and that Tampa Electric proceeding to implement the program in 2020, 2021 and 2022 is not evidence of imprudcnce: 7. The Parties agree that the record supports a Commission finding that Tampa Electric's' Tran'smi'ssion Access EnhancementTrogram is in the public interest and that Tampa Electric proceeding to implement the program in 2020, 2021 and "2022 isnot evidence: of imprudence. 5 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070-EI,20200071-EI,20200092-EI PAGE 63 8: The 'Parties agree that the record :supports a 'Commission finding that Tampa Electrics ,Infrastructure Inspections Program .is iri"the ;public interest ;and that Tampa .Electric proceeding to implement the program in 2020, 2021. and 2022 is not evidence "of imprudence: 9. The Parties agree ""that the record supports a 'Conitnission finding that TAthpa Electric's Legacy .Storm Hardening .Plan Initiatives, Program is in the public interest :and that Tampa Electric.proceeding to implement the program in 2020, 2021 and 2022 is not. evidence of imprudence. 10. The :Parties agree that the record .supports a Commission finding that 'Pampa Electric's 2020-2029 Transmission and Distribution Storm Protection Plan meets all of the requirements, of Section MO. -%:of the Florida Statutes. ]I., The :Parties agree that the record supports a Commission finding that Tampa Electric's 2020-2029 Tnuismission and Distribution Storm Protection Plan wi.It further the objectives of Section 366.96 of the Florida Statutes. 12, The. Parties agree that the record supports a Commission finding that Tampa Electric's 2020-2029 Transmission and Distribution Storm Protection Plan contansthe elements . ..i. ....... _ .11 required by Rule 25 6.030 of the Florida Miiiiii strative Code. 13. The Parties agree that the record supports. a Commission finding that it :is in the public interest to approve Tampa. Electric's 2020-2029 Transmission and Distribution Storm Protection Plan without modification. 14. The Parties agree that the approval of the SPP and its Programs consistent with this Agreement should. not ;include or imply any determination of prudence for any project ;in a Program. Except as provided in paragraphs 19 through 26, below, QPC, F1P 3(.i, and Walmart 6) /,3 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070=EI,20200071-EI,20200092-EI PAGE 64 retain the.right to challenge the prudence or reasonableness of any project or costs for any project submitted through the SPPCRC during a true=up proceeding in 2021 or thereafter.. 15. The Parties agree that Tampa Electric will work with Walinart to discuss and evah►ate tte potential SPP Prograttas prior to filing its neat `SPP and that this eMrt 'shall be separate fronl,and supplemental to the activity speeif ied in paragraph J 5.(c) of the 2020 Agreement. OP.0 and i:IPUG take no position with regard to this paragraph. 1&: Section 3Ci6.9G(f,),F.loriiia Statutes, states°. At least every 3 years after approval of a utility's transmission and. distribution storm protection plan, the utility must file for conunission revievv.an updated transmission and Aistribution storm protection plan that :addresses each clement specified, by connnimion rule. The commission shall approve, modifyi or deny each updated plan pursuant to the criteria used to review the initial: plan. 17, Notwithstanding the three-year requirement in Section 366.'96(6); ui :early 2022; Tampa Electric shall :.file for Commission review and approval an :updated -transmission and distribution storm protection plan ("2022 Updated SPP"). The:company's 2022 updated SPP shall. reflect, at a ';ininfibuni (a) a comprehensive review of all of the Programs :included in tile. company's 2020 SPP with revisions and modifications as deented.appropriate by Tampa Electric and (b) any new programs to be proposed by Tampa Electric. Upon approval bythe Commission, the Parties intend that the 2022 Updated SPP will form the basis for cost. recovery of SPP activities' in 2023; 2024, and 2025 and that Tampa Electric will.then next be required to file an updated SPP for approval again 0;2025. TECO apron it will not inaterially expand the scope of the programs. and associated expenditures it seeks to recon=er:hilhe SPPCRC for the years 2020 — 2022 beyond those that..are included in the estimates shown in Tampa Electric's SPP filed oil April 10, 2020, and aS modified in the filing made on July,2020, in the SPPCRC. TECO will, base its requests 7 S-0 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 65 Attachment C for cost recovery `through'the'SPPCRC .for the years 2023;2024, and 2025 on•the SPP update to ba filed in 2022. Docket No. 20200092 -EI Storm :Protection Plan COA Reedvery Clause 18. The Parties agree that the direct testimony and exhtbits'filed by "Tampa Electric in Docket No: 20200092-F1 as described above should be inserted into Ute .evidentiary record in Docket No. 20200092-E1 and agree to waive cross examination of those witnesses. Walmart'and OPC will not file testimony ,addressing Tampa Electric's petition for cost recovery ut.Do'cket NO. 20200092 -EI, however, Walinart tnay file testimony referencing Tampa Electric's demand charges in its testimony addressing rate design of the other investor;owned :utilities in Docket No. 20200092 -EI. Tampa Electric agrees that the company's responses to. the Office of I'tublic Counsel's Interrogatory Nos. 189 and 224 May be entered into the record of this proceeding. Upon the, admissio..ti of the testimony and exhibits into the eyidetitiaiy record as specified int this paragraph, the Parties agr&.as;provided in paragraphs 19 dirough26, below. 19. The Parties agree that there is .an evidentiary. ;basis to. 'support Tampa Electric's petition fouapproval of 2020-2021 costs associated with its 2020-2029 SPP filed on July24, 2020; in Docket No.. 20200092=EI, and the petition should be granted. 20. TheTarties agree that thereis an evidentiary basis to approve the costs incurred for development of Tampa Electric's 2020=.2029 SPP proposed,for' <=recovery':in "the SPPCRC and that. those costs are reasonable and eligible for cost recovery through the'SPPCRC; subject to a prudence review,. of actual costs in the applicable SPPCRC proceeding. 21. The Parties agree that there is evidentiary basis to approve the proposed total SPPCRC amounts to'be collected by Tampa Electric during the period Jatunry:2021 through Deeember 202:1 'in the amount of $39,460,126. This amount includes the recovery of costs in the ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 66 Attachment C amount of $16,435;191 projected to be incurred in 2020,.then reduced by $10;400,000 to recognize. those SPP costs in 2020 that are being transferred from base rites to the SPPCRC as agreed upon in Tampa Electric's 2020 Settlement Agreement; the recovery of :costs in. the amount of $3.3,908,399. projected to be':i icurred ;i t 202% a reduction of $511;861 to recognize diose .cost. associated with Tampa Elec r]Ws Open Access°1"ransnrission Tariff;:and an:adjustment.'of $28;391. to include the associated Revenue Tax Factor and that those costs are reasonable subject to a prudence review of actual costs in the apphcalile SPPCI2C proceeding. Iid n u m don,'Tampa.Electn as part of the 2020 Settlement Agreement will reduce the retail ;portion of the $15 million in revenue requirements to recognize those ongoing SPP costs:transferred from base rates to the SPPCRC 22: The Parties agree that the appropriate SPPCRC factors for Tampa Electric for tlie. period.January 2021. through December 2021 as presented below are reasonable, have evidentiary support in the record and should be approved, subject to true -up in a future SPPCRC proceeding Rate Schedule RS GS and CS GSD Optional -Secondary GSD.'Optional-Primary GSD Optional—Sitbtratist.nission LS -1, IS -2 Rate Schedule: GSD -secondary GSD -Primary GSD-Subtransmission SBF -Secondary SBF -Primary 9 Cost Recovery Factors (cents .tier kWh) 0.239 0.25.1 0;168 0.166. 0.16:4 0.354 Cost Recovery f=actors (dollars ner,kM7) 0,72 0.71 0:71. 0.72 071 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 67 SBF-Subtransmission 0.71 IS=Primary 0.17 Attachment C ;IS-Subtransmiss. ion 0:17 23. The Parties agree thatthe effective date for billing purposes of 'Tampa Electric's, proposed SPP.CRC.costrecovery factors.:specified above:shall be`:the first billingcycle of January 2021. 24:. The Parties agree that Tampa Electric Company'-, Motion to Approve Revised TarilT, dated July'3:1, 2020, should be .approved so that the approximately $15 million base rate reduction contotnplaled_-in :paragraph.; 1 of the 2020 Agreement can be implemented concurrently with the implementation ofthe:new:SPPCRC cost recovery factors effective the first billing cycle of January 2021. 23. The Parties agree and acknowledge that all issues addressed herein tray; consistent with Rule 25-6.03.1, Florida,Administrative Code, still be subject to review and challenge by all Parties. 26, Thc. Parties agree that,nothingin this Agreement. shall be construed to prevent any Party from challenging the reasonableness or prudence of SPP projects or costs of any projects it! any future SPPCRC proceedings: (3titer Provisions 27. Commission Approval: (a) The provisions of this Agreement aro contingent on approval of his.Agreement-in its emireivU the Commission without mod ificabop, regardless, of the sequence of the individual. above :styled :Docket decisions; -further, any decision by the Commission not to approve any provision of'this Agreement; shall, per,se and.as a. matter of 'law; render the Agreement;null ;and void and of no _force or e ffect. The .Parties further agree that this Agreement is in the public interest 10 �T ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070-EI,20200071-EI,20200092-EI PAGE 68 that they will support this Agreementand that they will :not.reque9t.:or�support any.order; relief, outcome, or 'result in conflict, li the ternis of this Agreement in -any administrative or judicial proceeding relating to, reviewing, or challenging the establishment approval, adoption, or imphennentation.($fthis. Agreement ot the subject matter hereof. (0) No Party. will :assert in any proceeding before the Connnission:that this Agreement or any:of the terms in the Agreement shall have any: precedential value. The Parties' agreementto the terms in the Agreement shall be without prejudice to any Party's anility to advocate a different position in future proceedings not'involvingthis Agreement (meaning the Parties are not precluded frost) ra'16 ig.m advocating any issue in the 2022 SPP docket).. Tlie Parties further expressly agree that no individual provision, by itself, necessarily represeats a position of atiy Party ui any future proceeding; and the Parties further agree That no Party shall assert or represent in ",future proceeding in any forunn that another;Party endorses any specific provision of this Agreement by virtue of that Party's signature on, or_participation in, this Agreement. If is the intent of the .Parties to this Agreement that the Commission's approval of all, the terms and provision's, of this Agreement is an express recognition that'no individual term or provision, by itself necessarily represents a position, in isolation, of any Party or'that .a Party to this Agreement endorses a'$peclfic, provision; in isolation, -Of this: Agreement by virtue -6fthat Party'ssignature. on; or parfcipation.in; this Agreement: (c) No Party shall seek appellate review 'of any Commission order approving t.his' Agreement in its entirety. 28. Disputes. To the extent a dispute arises among. the Parties aboutthe_ provisions, interpretation, or application of,this Agreement. the Parties agree to .meet and, confer.in an effort Tl wo, ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment C 20200070-EI,20200071-EI,20200092-EI PAGE 69 to resolve the dispute. To the extent that the Parties,cannot resolve any. dispute,the matter in ay be submitted to the Commission for resolution.. 29.- Execution: This. Agreement is dated as of August 3, 2020. It may be executed in. counterpart originals and a.facsiiriile of an origiiialsigiiature shall be deemed an original. Tamipa Electric is authorized to compile. executed:siguature pages and io.attach them o this Agreement to constitute tha:origiiial o be filed with the ICommission and served on the'PArrties.; 7N WITNESS HE12EOF, the Parties:c Edi tcc-tltcir. ac ptancc an agrcemeut':With the. provisions ciithis Agrecliicnt by iheirsignatur(s,}: 'Tainpa Eleetric Coiiipany 702.N. Fraukliii •Street, Tampa, FL;+33641 -£.3 a. 09/133/2026. nJ i�clver" ;13y ;�i�:,1:�h1tr�,;,PresidenC -DocID: 20200803300655835 12 .Sertiff Electronic Slgmtum ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 70 Attachment C 6�- `JD ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 71 Signature Page to Tampa Electric'SP.P Ai7rcemcnt The Florida Industrial Power Users Group Jon C. Moyle, Jr., Esquire Moyle. IAW Fir, The Perkins House l 18 North Gadsden Street Tallahassee; FL 32301` Attachment C .. f .fit.« ORDER NO' PSC-2020-0293=AS-EI • z DOCKET NOS. 20200067 -El, 20200069 -El; Attachinent.0 d 20200070 -EI; 20200071 -EI, 20200092 -EI PAGE 72 i Signature Page to Tampa Eleetric SPP Agreement e J Walmart Inc a Stephanie U Eaton Spilmiin Thomas & Battic,'PLLC •.3, -1 d Drive,,Suite 500:: 1 U Oakwoo "Winston-Salern; NC 271 0 .. , «i< �. Stepha is U. Eaton : �. p i :•S ° •x r r .. .. F a F - - .- .. - ::: f ; t f - • y g f - � d y - +. x _ y . y r - '- +` t ,p 4 + f � N. .Y. �� , • d.- • •9 e. i .y .... Fq '. ' ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 73 July 3-),16k VIA: ELECTRONIC FILING' Mr. Adaun J. Teitzman Commission Clerk Florida Public Service Commission 2540 8humard-Oak Boulevard .....:.................................................. . Tallahassee; Florida 32399-0850 Attachment D ................... .. �Q©C[IMENT.NO 04'152 2020,' r�AS,C Ct31dIN11SS1> N CLERk Re: Storlu Protection Plan Cost Recovery Clausc; Docket No. 20200.092 -FI Dear Mr. Teitzman: Attaobecl for filing In'th above Locke is Tainna Electric Revised Tari1'fo imlilement tlte;coitipaii}r's $l3'iilillion base rate's Plan Qast Recovery Clauise docket: 171ank you foryour assisiaiicc in`c:onncctionI &itb this matter: Si ice .ely; Mall cbini'N. Means' MN1vl/E3nr , ;itapluncni CC,.' All Paine of Rzcord (w/attacliinent) Mo'ti ou to Approve d 73 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 74 Attachment D BEFORE THE,RL.'ORIDATUBLIC SERVICE COMMISSION Imre: Storm Protection: Plan ) DOCKET NO. 20200092 -EI Cost 'Recovery Clause. ) FILED: July 31; 2020 TAMPA ELECTRIC COMPANY' S MOTION 'r0 APPR'VE ()REV:ISED. TARIFF Tampa Electric Company ("Tainpa Electric" or "company") hereby petitions. the Commission for approval of revised tariff 'sheetsto impleiment the base rate adjustment' requirement associated with the 2020 Settlenient,Agreement, and in support tliemof, says. 1. 06 April 27, 2020, Tanipa Electric filed an Agreed -To Motion to Approve. 2:0.20. Agreement. The 2020 Agreement is a settlement :agreement entered into by Tampa Electric :and various constinier parties..that is intended to resolve issues in nittltiple dockets, including this docket. See.Duuuinent No. 02227-2020, filed April 27, 2020 in Docket No. 2020009MI. 2. On June 30, 2020; the Commission memorialized its approval of the 2020 AgreeinentinOrderNb. PSC2020-0224 AS -EI. 3. The "centerpiece" of the 2020 Agreement is a proposal under which "Tampa Electric will ,reduce its base rates by ;an agreed-upon :amount and will recover all SPP=related 'costs (with limited exceptions) through the Storm Protection Plan Cost Recovery 'Clause (``SPPCRC").- Docuinent N.o. 02227-2020, at ¶ 2. 4: The base rate reduction is governed, by Paragraph' 11.(b) of the 2020 Agreement_; P,irzgiapli::l1(b) sets otit regtiiretnents for cost allocution and rate design, the tiinnig of the base rate reduction aiid the method for implement ne the base rate reduction. 5. First, Paragraph '1 I(b) requires the company to utilize the cost allocation and rate design principles reflected in paragraph 3 of the 2013 :Stipulation .as inodilted by the 201:1 ),w ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment D 20200070-EI,20200071-EI,20200092-EI PAGE 75 Agreement to ,implement both the base :;rate reduction as well as the. company's SPPCRC cost. recovery. factors. As expla'nied iitthe direct testimony of William R Ashburn filed on July 24, 2020 in this docket, the company used the allocation factors from the 2013 Cost of Service Study prepared in Docket No. 20130040 -PI to develop'tlie company's SPPCRC'factors. Mr. Ashburn also expWos that this methodology applied to: the base rate reduction. 6. Second, Paragraph 11(b) states that the base rate reduction must "become effective coptemporatteous with the begimiitig of cost recovery vla the SPPCRC." T1s explained in the direct testimony of A. Sloan Levis and Mark R Roche filed on July 24, 2020 in this docket, the :base rate reduction will begin concurrently with the inclusion of the SPPCRC factors on customer bills. 7. Finally, Paragraph 11(b) requires Tampa Electric to file the revised tariffs necessary to implement the one-time base rate reduction in this docket "on a schedule such that the necessary customer notices can he given and the proposed base rate reduction can become effective contemporaneous with the effective date .of cost recovery by the company under the SPPCRC: The redline'version oPthe proposed revised'tariff sheets 'that ,will ;implement the ;one-time base rate' reduction are attached to this motion as Exhibit One': The clean version of the proposedrevised tariffsheets are attached as Exhibit Two. A. schedule .showing how :the base rate reduction was allocated to;rate olass.is;attached as Exhibit Three. A schedule showing.liow base rate charges were reduced 'based on those allocations are ;included as Exhibit Four. Tampa Electric respectfully requests that the Conunis`sion approve these revised tariff sheets at the :same time: it -approves the company's SPPCRC cost recovery factors, or earlier, if possible, which will enable the company to complete the necessary customer notices in a timely manner. Although the.onc timc.base rate rechrction specified in the 2020 Agrcementwas $15,010,500, this amount was a total company number'and after appy ing juriWictian`al separation factors, the retail amount 'is $14,576;225.78, so the tariffs attached'as Ekhibit One were prepared to,reduge the company's retail reg enues by $14,576.225.78 and the remainder of the decrease will be mane in conjunction with the conipany's_2021 wholesale rate filing. ORDER NO. PSC -2020 -0293 -AS -El DOCKET NOS. 20200067 -El, 20200069 -El, Attachment D 20200070 -El, 20200071 -El, 20200092 -El PAGE 76 8:The:undersignedhas considfedwi ..counsef.`f rA'he,bf6ceot,-,puficd, unseLa6di Is auth,oiized,to'-sta'te' 'th*tAl'suppo-tth.�"s -M-6—i-,o-a'I .a'n.T _- coI ".sl , e-d-W-th c-Ppa-s- eI for wa 4-X. f . ..I . X'. di s authorized o.statethat hey do, not 0pposf Motion The contacted counsa,,for the other'jparties to this,doeket, but as of e filing 0 -f rn ose..,,p?T parties edai-si,tlon A IS'. tL' a, not;;taken on -the -Moil oil.. t ::Tarnpali e tri` --c &41vxequests� et Val REFOI�E, c c orn.pany:respec ornmission- s,appr.o . .. .. -CompA Ysrevised�.,,tan S bets,-4e!:es ar ItOAMppffenthe one time , _aserzte.reducft. on "Jthe o020Agreernent- DATED this :31st day of July�2020., Respectfully submitted, �,�4ARn, n, i` ATTQR,NEYS(DRA FOR A" ELECTRIC . db " N' %:"'. , " .-� , -. �I...I_ wY - ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment D 20200070-EI,20200071-EI,20200092-EI PAGE 77 CERTIFICATE 01; SERVICY, I HEREBY CERTIFY that.a true and correct copy of the foregoing Motion to Approve Revised Tariff filed on behalf of Tainpa Electric Company, has been furnished 'by electronic mail on this 31 st day of July 2020 to the followings Ms.Rachael Dziechciarz Mr, Charles Murphy Attorneys Office of General Counsel Flodda Public: Service Coninrission Room 390L—:Gerald L. Gunter Building 2540 Shumard Oak Boulevard Tallahassee, FL 32399-0850 Rlliiec hc(r,,psc:state:fl.us CMirruhyapsc. statelL u s Mn J. R- Kelly Mireille Fall -Fry Office of Public Counsel 111 West Madison Street —..Room 9.12 Tallahassee; FL, 32399-1400 l ells ii-C7a.leg.state.fl.us fall�fry:rrirel le{a�la g,statetfl.us Dianna M. Triplett. Duke Energy 299 First Avenue North St. Petersburg, TL 33701. Dianne.tripl eitOduke=energ8=:com Matthew -R_ Bernier Dube .Eftergy 106, Eat College Avenue, Suite $00 Tallahassee, FI: 32301 Matti Bemier(a'.duke=enerQv.com FL:Regulatory'l�al duke -energy coni Mr. Ken HoPfinan Florida Power & Light Company 134 West Jefferson Street Tallahassee, FI, 323014713 Ken:hoffman@fi l.com Mir..:Mike. Cassel Florida Power Utility Company 208 Wildlight Ave. Yulee; FL 32097 mcasselftlic.com Mark Bubriski Gulf Power Company 134 West Jefferson Street 'T'allahassee, FL 32301 Mark.hubriskiOnexteraenergy com Russell A. Badders Gulf Power Company One Energy Place "Pensacola, Fl: 32520 Russell. Badders(&,iiexteraenero�y. com James W. Brow Laura Wynn Baker do :Stone Law Firm 1025 Tbomas Jefferson Street, NW 'Suite $00 West Washington, DC 20007-5201 jbreLAgsmxblaw.com iyb(a.snixblaw.com Stephanie Eaton Spilman Thomas & Battle, PI LC 110 Oakwood Drive; Suite 500 Winston-Salem, NG :27103 seaton e,spilmasilaw con) Derrick Price Williamson Spilman Thomas & Battle, PLLC 1100 Bent Creek Blvd., Suite .101 Mechanicsburg,'T'A 170.50 il�villiarmson(a�spilnra�ilaw.corn ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 78 Katie°Chile"s Ottenweller: V;ote',Soh& ,151 EAna"Street SE Atlanta?GA 303:16` kaheCc�r�otesolarorg Zayne;Smth E1ARP' 360 Central Ave: Sdif6.175,0 St -Pet"ersburg, .FL 33701 zsmi•ttiOaatt ori= ATTORNEY: 5, Attachment D " wor ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 79 EXHIBIT 1 Attachment D ()" 7� ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 80 Attachment D AftkTEC H TWENTY-SAF#SEVENTH REVISED SHEET NO. 6:030 CANCELS TWENTYP FT14 SIXTH REVISED SHEET NO. 'T°A.MPi4 ELECTRIC -- �L ffffqq AN EMERA COMPANY v'VJ© RESIDENTIAL SERVICE SCHEDULE: RS AVAILABLE: Entire service area. APPLICABLE. To residential consumers in individually metered private residences, apartment units, and duplex units. All energy must be for domestic purposes and should not be shared with or sold to others. 1n addition, energy used in commonly -owned facilities in condominium and cooperative apartment buildings will qualify for this rate schedule, subject to the following criteria: 1. 100% of the energy is used exclusively for the co-owners' benefit. 2. None of the energy is used in any endeavor which sells or rents a commodity or provides service for a fee. 1 Each point of delivery will be separately metered and billed. 4. A responsible legal entity is established as the customer to whom the Company can render its bills for said service. Resale not permitted. Billing charges shall be prorated for billing periods that are less than 25 days or greater than 35 days. If the billing period exceeds 35 days and the billing extension causes energy consumption, based on average daily usage, to exceed 1,000 kWh, the excess consumption will be charged at the lower monthly Energy and Demand Charge. LIMITATION OF SERVICE: This schedule includes service to single phase motors rated up to 7.5 HP. Three phase service may be provided where available for motors rated 7.5 HP and over. MONTHLY RATE: Basic Service Charge: $1.5;05 Energy and Demand Charge: First 1;000 kWh 5.27--1.1810 per kWh All additional kWh 6.2-741810 per kWh MINIMUM CHARGE: The.Bas c Service.Charge. FUEL CHARGE- See Sheet Nos. ;6.020.and `6:021. Continued to Sheet No. 6.031 ISSUED BY: N. G. Tower; -President DATE EFFECTIVE: Janww1- 28 r ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment D 20200070-EI,20200071-EI,20200092-EI PAGE 81 Aftlk T OA TWENTY ,; E(GHTH REVISED SHEET NO. 6.050 TAMPA EtECTRlC CANCELS TWENTY -SIXTH -SEVENTH REVISED SHEET _-- � � C AN EMERA COMPANY NO. 6.650 GENERAL SERVICE - NON DEMAND SCHEDULE: GS AVAILABLE: Entire service area. APPLICABLE: For lighting and power in establishments not classified as residential whose'. energy consumption has not exceeded 9,000 kWh in any one of the prior twelve (12) consecutive billing periods ending with the current billing period. For any billing period that exceeds 35 days, the energy consumption shall be prorated to that of a 30 -day amount for purposes of administering this requirement. Resale not permitted. CHARACTER OF SERVICE: Single or 3 phase, 60 cycles and approximately 120 volts or. higher, at. Company's option. LIMITATION OFSERVICE: All service under this rate shall be furnished through one meter,'. Standby -service permitted on Schedule GST only: MONTHLY RATE: Basic Service Charge! Metered accounts $18:06 Uri -metered accounts $15.05 Energy and Demand Chargw, 5_9424480 per kWh MINIMUM CHARGE: The Basic Service Charge. EMERGENCY RELAY POWER SUPPLY CHARGE: The monthly charge for emergency relay power supply service shall be 0.1680 per kWh of billing energy. This charge is in addition to the compensation the customer must make to the Company as a contribution -in -aid of construction. Continued to Sheet No. 6.051 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 82 Attachment D , � T L.Q, TWENTY -.5.P94 -SEVENTH REVISED SHEET NO. 6.080. ►" CANCELS TWENTY-SIXTH TWENTSIXTH REVISED SHEET NO. 'TAMPA ELECTRIC AN EMERA COMPANY '6.080 GENERAL SERVICE- DEMAND I SCHEDULE GSD AVAILABLE: Entire service area. APPLICABLE: To any customer whose energy consumption has exceeded 9,000 kWh in:any one of the prior twelve (12) consecutive billing periods ending with the current billing period. Also available to customers with energy consumption at any. level below 9,000 kWh per billing period who agree to remain on this rate for at least twelve (12) months. For arty billing period that exceeds 35 days, the energy consumption shall be prorated to that of a 307day amount for .purposes of administering this requirement. Resale not permitted. CHARACTER OF SERVICE: A -C; 60 cycles; 3 phase; at any standard Company voltage. LIMITATION OF SERVICE: Standby service is permitted only for customers who generate less than 20% of their on-site load requirements or whose generating equipment is used for emergency purposes. MONTHLY RATE: STANDARD OPTIONAL Basic Service Charge: Secondary Metering Voltage $ 30.10 Primary Metering Voltage $ 130.44 Subtrans. Metering Voltage $ 99327 Basic Service Charge: Secondary Metering Voltage $ 30.10 Primary Metering Voltage $ 130.44 Subtrans. Metering Voltage $ 993.27 Demand Charge: Demand Charge: $ - 0.76 'per kW of billing demand $10:00 per kW of billing demand EnerpV:Charge 1 '589¢ per kWh EnercA(Chargc 6.&58585¢ per kWh Thee customer may select either standard or .optional. Once an, option is .:selected, the customer must refrain on that option for twelve (12) consecutive months: Continued to Sheet No. `6.081 ISSUED BY: N. G. Tower; President DATE EFFECTIVE: jaAuary -4 -2924 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 83 Attachment D AO%k � TWENTY-�AURT•#-FIFTH REVISED SHEET NO., 6.0815 ENTY CANCELS iVVHfR9 FOURTH' REVISED'SHEET TAMPA ELEC:'TRIG AN EM ERA COMPANY NO, 6.085: INTERRUPTI BLE -SERVICE (CLOSED TD NEW BUSINESS AS OF MAY 7, 2009) SCHEDULE: IS I AVAILABLE: Entire Service Area. APPLICABLE: To be eligible for service under Rate Schedule IS, a customer must have been taking interruptible service under rate schedules IS -1, IST -1, IS=3, IST -3, SBI -1, or S13I-3 on May 6, 2009 and have signed the Agreement for the Purchase of Industrial Load Management Service under Rate Schedule GSLM-2. When electric service is desired at more than, one location, each such location or point of delivery shall. be considered as a separate customer. Resale not permitted. CHARACTER OF SERVICE: The electric energy supplied under this schedule is three. phase primaryvoltage or higher. LIMITATION OF SERVICE: Standby service is permitted only for customers who generate less than 20% of their on-site toad requirements or whose generating equipment is used for emergency purposes. MONTHLY RATE: Basic Service Charge Primary Metering Voltage $ 624.05 Subtransmission Metering Voltage $2;379.85 'Demand Ohzircie:, $3.-90 per KW of billing demand Energy Gtia riae:, 2.5130 per KWH Continued to Sheet No. 61086 ISSUEDBY- -N.:G. Tower, President DATE EFFECTIVE: DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 84 Attachment D TE 'THIRTY #B -THIRD REVISED SHEET NO. 6.290 '" CANCELS THIRTY-ARST-SECOND REVISED SHEET NO. `TAMPA Ei-Er-Trmc AN'EMERA COMPANY :6.290 CONSTRUCTION SERVICE SCHEDULE: CS AVAILABLE: Entire service area. APPLICABLE: Single phase temporary service used primarily for construction purposes. LIMITATION OF SERVICE: Service is limited to construction poles :and services installed under the TUG program. Construction poles.are limited o a maximum of 70 amperes at 240 volts for construction poles. Larger (non -TUG) services and three phase service entrances must be served under the appropriate rate schedule, .plus the cost of installing and removing the temporary facilities is required. MONTHLY RATE: Basic Service Charge: .$18.06 Enerqy and Demand Charge- 5,9424480, per kWh MINIMUM CHARGE: The Basic Service Charge. FUEL CHARGE: See Sheet Nos. 6.020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos. 6.020 and 6.021. CAPACITY. CHARGE: See Sheet Nos. 6.020 and 6.021. ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021. FLORIDA GROSS RECEIPTS TAX: Sheet No. 6.021: FRANCHISE FEE CHARGE: See Sheet No. 6.021. MISCELLANEOUS: A Temporary Service Charge of $260.00 shall be paid upon application'. for the recovery of costs associated with providing, installing, and removing the company's temporary service facilities for construction poles. Where the Company is required to provide' additional facilities other than a service drop or connection point to the Company's existing distribution system, the customer shall also pay, in advance, for the estimated cost of providing, installing and removing such additional facilities, excluding the cost of any portion of these facilities which will remain as a part of the .permanent service. PAYMENT OF BILLS: See Sheet No. 6.022. ISSUED BY* N. G. Tower, President DATE EFFECTIVE, Janwwy 1,:20 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 85 Attachment D AM rrEi�o� TWENTY-SakFSEVENTH REVISED.SHEET NO.8 324 CANCELS TWENTY =SIXTH REVISED SHEET NO. TAMPA ELE CTR_ IC Q An AN'�EMERA COMPANY .6..360 TIME-QF=DAY' GENERAL SERVICE - NON ;DEMAND (OPTIONAL) SCHEDULE: GST AVAILABLE: Entire service area. APPLICABLE: For lighting and power in establishments not classified as residential whose energy consumption has not exceeded. 9,000 kWh in any one of the prior twelve (12) consecutive billing periods ending with the current 'billing period. All of the electric load requirements on the customer's premises must be metered at one (1) point of delivery. For any,billirig period that exceeds 35 days, the energy consumption' shall be prorated to that of a 30 -day amount for purposes of administering this requirement. Resale not permitted. CHARACTER OF SERVICE: Single or 3 phase, 60 cycles and approximately 120 volts or higher, 'at,Company's:option.. LIMITATION OF SERVICE: All service .under this. tate shall. be furnished through one'. meter. Standby service`permitted. MONTHLY RATE: Basic Service Lhafae: $20:07 Eh&dV and:Demand`Charge: 12465371¢ per WVh`during'peak ,hours 3447-Ob3¢ per kWh:Aunng off=peak hours Continued to Sheet No 6:321 ISSUED BY: "N 0. Tower; President DATE EFFECTIVE r �- ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 86 Attachment D TECO.TWENTY, RRVE611 JY -EIGHTH REVISED SHEET NO.6 330 CANCfLSTWENTY-StX-TId-SEVENTI-! REVISED SHEET ,rAMELECTf21C AQ !7� ffff N EM£RA COMPANY' NO -6.330 TIME7OF-DAY GENERAL, S,EI2VIG = DEMAND (OPTIONAL) SCHEDULE: `GSDT AVAILABLE: Entire service area. APPLICABLE: To .any customer whose energy consumption has exceeded 9;000 kWh in :any one of the prior twelve (12) consecutive billing periods ending with the current billing period. Also available to customers with energy consumption at any level below 9,000 kWh per billing period who agree to remain on this rate for at least twelve (1 2) months. For any billing period that exceeds 35 days, the consumption shall be prorated to that of a 30 -day amount for purposes of administering this requirement. Resale not permitted. CHARACTER OF SERVICE: A -C; 60 cycles; .3 phase; at any standard Company voltage. LIMITATION OF SERVICE: Standby service is permitted only for customers who generate less than 20% of their on-site load requirements or whose generating equipment is used for emergency purposes. [MONTHLY RATE: Basic Service Charge: Secondary Metering Voltage $ 30:10 Primary Metering Voltage $ 130.44 Subtransmission Metering Voltage $ 993.27 Demand Charge: $3.71-44 per,kWof billing demand; plus $7.34-24 per kW of peak billing demand Energy Charge: 2.908¢ per kWh during peak hours 1.04.9¢ per k1Nti during off-peak hours; C,onbnued to Sheet No. 6:331 1 ISSUMBY: N.'G. Tower, President DATE EFFECTIVE. ,QQ9 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 87 Attachment D AW TEC TWENTY G. W4WFIFTH REVISED SHEET NO 6.340 CANCELS TWENTY O -FOURTH REVISED SHEET A Ad TAMPA ELECTRIC /1� AN EMERA COMPANY .NO -6.340 TIME OF LAY INTERRUPTIBLE SERVICE (CLOSED TO'NEW BUSINESS AS OF MAY 7, 2049) SCHEDULE: IST AVAILABLE: Entire Service Area. APPLICABLE: To be eligible for service under Rate Schedule IST, a customer must have been taking interruptible service under rate schedules IS -1, ISTA, IS -3, IST -3, SBI -9, or SBI -3 on May 6, 2009 and have signed the Agreement for the Purchase of Industrial Load Management Service under Rate Schedule GSLM 2. When electric service is desired at more than one location, each such location or point of ,deliv.ery shall be considered as a separate customer. Resale not permitted. CHARACTER OF SERVICE: The electric energy supplied under this schedule is three phase primary voltage or higher. LIMITATION OF SERVICE: Standby service is permitted only for customers who generate' less than 20% of their on-site load requirements or whose generating equipment is used for emergency purposes. Basic Service Charge: Primary Metering Voltage $ 624.05 Subtransrn ission Metering Voltage $2,379.85 .Demand Charae: $3:£;16-90 per KW of billing". demand Energy Charge: 2:513¢ per .KWH Continued to Sheet No. 6.345 ISSUED BY: N. G. Tower; President DATE EFFECTIVE: cla 8 8 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 88 Attachment D T`"'FP:"THIRTEENTH REVISED SHEET NO. ,6.565. CANCELS FE EVE T4TWELFTH REVISED SHEET NO. TAMPA ELECTRtc 6 AN EMERA COMPANY "`��� Continued from Sheet No: 6:560 MONTHLY RATES: Basic Service Charge; $15.05 Energy and Demand Charges: '6.&9,544950 per kWh (for all pricing .periods} .MINIMUM CHARGE-. The Basic Service Charge. FUEL CHARGE: See Sheet Nos: 6:020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos, 6.020'and 6.021; CAPACITY CHARGE: See Sheet Nos. 6.020 and 6.021. ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6:020 and 6.02.1. FLORIDA GROSS RECEIPTS TAX: See Sheet No. 6.021. FRANCHISE FEE. CHARGE: See Sheet No. 6.021. PAYMENT OF BILLS: See Sheet No. 6.022. DETERMINATION OF PRICING PERIODS: Pricing periods are established by season for weekdays and Weekends. The pricing periods ;for price levels P, (Lown Cost Hours), P2 (Moderate Cost Hours) and Pa (High Cott Hours) are as follows; May through October P1 P2 Pa Weekdays 11 P.M. to 6 A.M. 6 A.M. to 1 RM, 1 P.M. to 6 P.M. 6 P.M. to 11 P.M. Weekends November through April Weekdays Weekends 11 P.M. to 6 A.M. 6 A. M. to 11 P.M. 11 P.M. to 5 A.M. 5 A.M. to 6 A.M. 10 A.M. to 11 P.M. 11 P.M. to 6 A.M. 6 A.M. to 11 P.M. to 10 The d screfion pricing theiods, forCompa price. Level Pa hours nshall not exceed Hours)cal. Cost 34 hours per ye shall be ed at the sole Continued to Sheet N6..6.570 ISSUED BY: N.. G. Tower,'President DATE EFFECTIVE 8. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 89 Attachment D �'�T rSIXTEENTH REVISED SHEET NO.6.600 AdroTE�.+�' CANCELS F -G RT-FiENT-W .FIFTEENTH REVISED SHEET TAMPA ELECTRIC AN EMERA C43MPANY NO. 6.600 FIRM STANDBY;AND SUPPLEMENTAL SERVICE SCHEDULE: SBF AVAILABLE: Entire service area. APPLICABLE: Required for all self -generating Customers whose generating capacity in kilowatts .(exclusive of emergency generation equipment) exceeds 20% of their site load in kilowatts and who take firm service from the utility. Also available to self -generating Customers whose generating capacity in kilowatts does not exceed 20% of their site load in'. kilowatts, but who agree to all the terms and conditions of this rate schedule. Resale not''. permitted_ CHARACTER OF SERVICE: A -C; 60 cycles; 3 phase; at any standard company voltage. LIMITATION OF SERVICE: A customer taking service under this tariff must sign a. Tariff Agreement for the Purchase of Firm Standby and Supplemental Service. (See Sheet No. 7.600) MONTHLY RATE: Basic Service Charae: Secondary Metering Voltage $ 55.18 Primary Metering Voltage $ 155.51 Subtransmission Metering Voltage $1,018.36 CHARGES FOR STANDBY SERVICE: Demand Charae: $ 1:8568 per kW -Month of Standby Demand (Local Facilities Reservation Charge) plus the greater of: $ 1.55 per kW -Month of Standby Demand (Power Supply Reservation Charge) or $ 0.62 per kW-Dayof.Actual Standby Billing Demand (Power Supply Demand Charge) Energy Charge: 0.9170 per. Standby kWh Continued to Sheet No. 6.601 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: ---19 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 90 Attachment D AN► TECO►. CG\/CAITCFRi'r1.J EIGHTEENTH REVISED SHEET NO. �A `TAMPA ELECTRIC 6.601 AN 6MERA COMPANY CANCELS' IXJ- EVENTEENTH REVISED SHEET NO. 6.601 Continued from Sheet No. 6.600 CHARGES FOR SUPPLEMENTAL SERVICE: Demand Charge: $4-1:�10.76'per kW -Month of 'Supplemental Billing Demand (Supplemental Billing'. Demand Charge) Energy Charge: 1 'Wo per Supplemental kWh DEFINITIONS :OF THE USE PERIODS: All time periods stated in clock time. (Meters are programmed to automatically adjust ,for changes from standard to daylight saving time and vice -Versa:) April 1 - October 31 November.1 - March 31 Peak Hours: 12:00 Noon - 9:00 PM 6:00 AM -10:00 AM (Monday -Friday) and 6:00 PM -10:00 PM Off -Peak Hours: All other weekday hours, and all hours on Saturdays, Sundays, New', Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas', Day shall be off-peak. BILLING UNITS: Demand Units: Metered Demand - The highest measured 30 -minute interval kW demand', served by the company during the month. Site Load - The highest kW total of Customer generation plus deliveries by'. the company less deliveries to the Company, occurring in the same 30 minute interval, during the month. Normal Generation - The generation level equaled or exceeded by the Customer's generation 10% of the metered intervals during the previous' twelve months. Supplemental Billing Demand - The amount, if any, by which the highest Site Load during any 30 -minute interval in the month exceeds Normal Generation, but no greater than Metered Demand. Continued to Sheet No. 6:602 ISSUED BY N.. 'G. Tower, President DATE EFFECTIVE•aRua� , 4,;2029 �2-9a ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 91 As i EC4D. A, TAMPA- ELECTRIC AN EMERA COMPANY SCHEDULE: SBFT Attachment D 'T1A/Cr►v T.14 -THIRTEENTH REVISED:SHEET-NO. 6.605 CANCELS RI'_�_ rTWELFTH REVISED SHEET NO. .6.605 TIME -OF -DAY FIRM.STANDBY ANDSUPPLEMENTAL SERVICE (OPTIONAL) AVAILABLE: Entire service area. APPLICABLE: Required for all self -generating Customers whose generating capacity in kilowatts (exclusive of emergency generation equipment) exceeds 20% of their site load in kilowatts and who take firm service from the utility. Also available to self -generating'. Customers whose generating capacity in kilowatts does not exceed 20% of their site load in kilowatts, but who agree to all the terms and conditions of this rate schedule. Resale not permitted. CHARACTER OF SERVICE: A -C, 60 cycles; 3 phase; at any standard company voltage. LIMITATION OF SERVICE: A Customer taking service under this tariff must sign a Tariff Agreement for the Purchase of Firm Standby and Supplemental Service. (See Sheet No. 7.600) MONTHLY RATE: Basic Service Charge; Secondary Metering Voltage $ 55.18 Primary Metering Voltage $ 155.51 Su.btransmission Metering Voltage $1;01836 CHARGES FOR STANDBY SERVI CE., Demand Charge' $ 1:9568 per kWMonth of Standby Demand (Local Facilities Reservation Charge] plus. the greater of: 1.55 per kW -Month of Standby Demand (Power Supply Reservation Charge) or 0.6.2. per kW -Day of Actual Standby Billing Demand (Power Supply Demand Charge) En-eray Charge: 0.917¢ per.:Standby kWh Continued to Sheet No. 6.606 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: JaAwaty : .020 a-9/ ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-E1,20200092-EI PAGE 92 Attachment D c ,rE�.� ni rii rorccru FIFTEENTH REVISED SHEET NO. 6.606 TAMPA ELECTRIC CANCELS THIRT FOURTEENTH REVISED SHEET - - - p AN EMEFA COMPANY NO. 6.806 Continued from Sheet No. 6.605 CHARGES FOR SUPPLEMENTAL SERVICE Demand Charge: $3.44 per .kW-M6nth of Supplemental Demand (Supplemental Billing Demand, Charge), plus $7.3404 per kW --Month of Supplemental Peak Demand (Supplemental Peak Billing Demand Charge) Energy Charge: 2.908¢ per Supplemental kWh during peak hours 1.049¢ per Supplemental kWh during.off-peak hours DEFINITIONS OF THE USE PERIODS: All time periods stated in clock time. (Metes are' programmed to automatically adjust for changes from standard to daylight saving time and', vice -versa.) April 1 - October 31 November 1 - March 31 Peak Hours: 12:00 Noon - 9:00 PM 6:00 AM -10:00 AM (Monday -Friday) and 6:00 PM - 10:00 PM Off -Peak Hours: All other weekday hours, and all hours on Saturdays, Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be off-peak. BILLING UNITS: Demand Units: Metered Demand - The highest measured 30 -minute interval kW demand served by the Company during the month. Metered Peak Demand - The highest measured 30 -minute interval kW. demand served by the Company during the peak hours. Site Load - The highest kW total of Customer generation plus deliveries by the company. less deliveries to the company, occurring in the same 30- m 0 minute interval, during the month. Continued to Sheet No. 6.607 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: --anua y 1 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 93 Attachment D ►rE��, TWEU-T-THIRTEENTH REVISED SHEET NO. 6.700 CANCELS E `« TTWELFTH REVISED SHEET NO. TAMPA ELECTRIC - - /f AN EMERA COMPANY - 6.700 INTERRUPTIBLE STANDBY AND SUPPLEMENTAL SERVICE (CLOSED TO.NEW.BUSINESS AS OF MAY 7; 2009) SCHEDULE: SBI AVAILABLE: Entire service area. APPLICABLE: Required for all self -generating customers eligible for service under rate schedules IS or IST whose generating capacity in kilowatts (exclusive of emergency generation equipment) exceeds 20% of their site load in kilowatts. Also available to self generating customers eligible for service under rate schedules IS or IST whose generating capacity in kilowatts does hot exceed 20% of their site load in kilowatts, but who agree to all the terms and conditions of this rate schedule. To be eligible for service under this rate schedule, a customer must have been taking interruptible service under rate schedules IS -1, IST -1, IS -3, IST -3, SBI -1, or 813I-3 on May 6, 2009 and have signed the Supplemental Tariff' Agreement for the Purchase of Industrial Standby and Supplemental Load Management Rider'' Service. Resale not permitted. ........... .. .......... CHARACTER OF SERVICE: The electric energy supplied under this schedule is three phase primary voltage or higher LIMITATION OF SERVICE: A customer taking service under this tariff must sign the Tariff'. Agreement for the Purchase of Standby and Supplemental Service MONTHLY RATE: Basic Service Charm Primary Metering Voltage $649:14 Subtransmission Metering Voltage $2,404.93 Demand Chame: $3:96-2D per KW -Month of. Supplemental Demand (Supplemental Demand Charge) $1.45-39_ per KW -Month of Standby Demand (Local Facilities Reservation Charge) plus' the greater of: $1.20 per KW -Month of Standby Demand (Power Supply Reservation ;Charge); or $0.48 per KW -Day of Actual Standby. Billing Demand (Power Supply Demand Charge) Continued to Sheet No. 6.705 ISSUED BY: N.G. Tower, President DATE EFFECTIVE: Januw d 93 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 94 Attachment D AftkTECO T�^ELEVENTH REVISED SHEET NO. 6.805 TAMPA ELECTRIC CANCELS TENTH REVISED SHEET NO. 6.805 ' AN EMERA COMPANY Continued from Sheet No. 6.800 MONTHLY RATE: High Pressure Sodium Fixture, Maintenance, and Base Energy Charges: "Lamp Size Charges per Unit (3) kWh Base Ener c't -- (tate Coda Dusk Dusk Dusk to limed Initial Lamp to Timed to Timed Dawn Svb. Description Lumens'' Wada eta Dawn Svc. .Fixture Maint. Dawn Svc. .800 860 Cobran> 4,000 50 20 10 .3.16 1.48 '7 0:36 0:353 .802 862 CobralNema"> 6,300 70 29 14 3.20 2.11 9 .3 '1,440 0.5�5 803 863 CobralNemat'> 9,500 100 44 22 3.63 2.33 4- 2 1.6§5 0.63 804 864 Cobra(l) 16,000 150 66 33 4:18 2.02 6 8 2.644 1-342'8.05 865 CabraQ7 28,500 250 105 52 4.87 2.60 9 r 3 4-9 83 2-W_1806 866 Cobra(').50,000 400. 163. 81 5.09 2.99 86 92 2-t39:4 1e812 468 454 Flood') 28,500 '250 105 52 5.37 2.60 J 3 993. 2�1. 478 484. Floods.'? 50,000 400 163 83 5.71 3.00 86y 92 4.899. ?-831. 809 869 Mongoose(') 50,000 '400 163 81 -6.50 9.02 86 92 0.594 D.2 509 508 Post Top (P'r)f1 4,000 50 20 10 3.98 2.48 Z1.�8Q .0.555 _570 530 Classic PTO) 9,500 100 44 22 11.85 1.89 4 2 0.73¢ 0.x_3 810 8170 Coach PTO) 61300 70 29 14 4.71 2,11 2 3 1AQ0- 0'.555 -572 _532 Colonial PYO) 9,500 '100 44 22 11=76 1.89 4 2 1,400 0,55_5 573 -533 86tem(7rc0 9,500 100 44 22 .9.03 1:89A 2 1.180 0.555 5 50 534 Shoehazt'> 9,500 100 44 22 8,01 1.89 4 1644 1:312 566 536 ShoeboxG?i 28;500 250 105 52 8:69 3.18 9 3 4893. 2:931. 552 538 Shaetxax(') 50,000 400 163 81 9.52 .2.44 86 92 c+1 Closed to new business ISSUED BY; N. G. Tower, President DATE EFFECTIVE: 'a^ua^+ 4 ; ''""'^. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 95 TAMPA ELCC- R'd IC AN -EMERA,-COMPANY" Attachment D TENTH -ELEVENTH .REVISED SHEET NO. 6.1305 CANCELS INTH.TENTH 12EVISED SHEET NO. 6.805 0 Th6 Oase F-ne gy:chaeges are calculated by nultiply.ing the kWh b -nes the fighbng`base energy rate bf 2 644Q 3Jr er kWh f©r-eacfi fi l&e: Continued to Sheet No. 6.806 -ISSUED BY N. G. Tower, President DATE EFFECTIVE 0004, 8;8, �-iS ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 96 4' T'ECGI. AfTAMPA ELECTRIC AN EMERA COMPANY MONTHLY RATE: Attachment D EIGHTH NINTH REVISED SHEET NO. 6.806 CANCELS 5F=V9NT--WEIGHTH REVISED SHEET NO. 6.806 Continued from Metal Halide Fixture, Maintenance, and Base Energy Charges: 0) Closed to new business ar Lumen output may vary by lamp configuration and age. (3) Wattage ratings do not include ballast losses, (4) The $ase Energycha�ges are calculated try multiplying the kWh times the lighting base energy rate of 2:5393 per kWh for each fixture, ISSUED BY: N. G. Tower, President DATE EFFECTIVE: danraFy 4; 20 9 We Lamp Size Charges per Unit ($) kWh Base Ener 4i Rate Code Dusk Dusk Dusk to Timed Initiai Lamp to Timed to I Timed Dawn Svc. Description Lumetisn) Watts e(') Dawn Svc. Fixture Maint. Dawn Svc, 3.4&2 1.7369,700 704 724 Cobra0) 2 350 138 69 7,53 4.99 7 3 3.957 1.388 520 = 522 Cobra0) 32,000 400 159 79 6.03 4.01 7 7 3.462 1. 8 705 725 Flood(') 29,700 350 138 69 8.55 5.04 7 3 3.857 1 AA 556 541 Flood') 32,000 400 159 79 8,36 4.02 7 7 9.f�0 4.95 558 578 Floodnr 107,800, 1,000 383 191 10.50 8.17 7 2 1.F45 0.358 701 721 General PTO) 12,000 150 67 34 10.60 3.92 9 1 1.4k7 0.938 574 548 General PTO) 14,400 175. 74 37 10.89 3.73 5 8 - 1.ZK .0. 98 700 720 Salem PTO) 12,000 150 67 34 9.33 3.92 9 1 1.$67 0.938 575 568 Salem PTS) "14,400 175. 74 37 9.38 3:74 5 8 1.45 0.858 702 722 Shoeboxtlr 12,000 150 67 34 7.22 3.92 9 1 - , 1,96L7 0.938 564 549 Shoebo)P 12,800 175 74 37 7.95 3.70 5 8 703 723 8hoeboxO) 29,700 350 138 69 9.55 4.93 7 - 3 3:997 1.3118 554 540 Shoeboxtl> 32,000 400 159 79 10.02 3.97 7 1 7 9.640 4.755 576 677 Shoeboxt'i 107,&)0 1,000 383 191 16.50 8.17 7- 1 2 0) Closed to new business ar Lumen output may vary by lamp configuration and age. (3) Wattage ratings do not include ballast losses, (4) The $ase Energycha�ges are calculated try multiplying the kWh times the lighting base energy rate of 2:5393 per kWh for each fixture, ISSUED BY: N. G. Tower, President DATE EFFECTIVE: danraFy 4; 20 9 We ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 97 Attachment D TE � F'� H NINTH REVISED SHEET NO. 6.806 CANCELS�SFVE AITHrElOHTH REVISED SHEET NO .6.806 TAMP.4k-ELEC-TRIC AN -EM ERA COMPANY Continued to. Sheet No. 6.808 ISSUED BY N G. Tower, President. DATE EFFECTIVE. a -9rl ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 98 Attachment D AEk -tomW-TENTH REVISED SHEET NO. 6.808 CANCELS €dro#IT-NNINTH REVISED SHEET NO; 6.808 TAMPA ELECTRIC AN EMERA COMPANY Continued from Sheet No. 6.806 MONTHLY RATE: LED Fixture, Maintenance, and Base Energy Charges: (1) Oosedtonewbusiness. 01 Average Of Average wattage. Actual wattage may vary by up to +1- 5 watts. r')The &ase Energy charges are calculated by multiplying the kWh times the lighting base energy rate of 2.5#9 per kWh for each fixture. ISSUED BY: N. G. Tower, President DATE EFFECTIVE:�^�a,, 4, 20 W0111010 Size Charges, per Unit (S) kWh(') Base Ener (4) Rate Code Dusk DuskDusk to Timed Initial t.zmp to Timed to Timed Dawn Svc. Description Lumens(2) Watta e4) Dawn Svc. Fixture Maintenance Dawn Svc. 0.2152 828 848 Roadway(') 5,155 56 20 10 7.27 1.74 0,5947 4 0.454 820 $40 Roadway 11) 7,577 103 36 18 11.15 1.19 0.8885 3 4.494 821 841 RoadwW) 8,300 106 37 19 11.15 1.20 0.0388 5._ 0.&A6 829 849 Roaftay'' 15,285 157 55 27 11.10 2.26 1.3�M 4 0,858 822 842 Roadway(') 15,300 196 69 34 14,58 1.26 1,#3G3 i 0.986 .823 843 Roadvray(') 14,831 206 72 36 16.80 1.38 1.471 5 0.982 835 855 Post Top(') 5,176 60 21 11 16.53 2.28, 0,445q 5 0.392 824 844 Post Top(') 31974 67 24 12 19.67 1,54 0.6057 8 0.434 825 845 Post Top(') 6,030 99 35 17 20.51 1.56 0.9983 0 04�43 836 856 Post Top(') 7,360 100 35 18 16.10 2.28 0.8983 0,6W 830 850 Area -Lighter(') 14,100 152 53 27 14.65 2,61 1.426 4 - 0.9'18 826 846 Area -Lighter(') 13,620 202 71 35 19.10 1.41 1.;W8 .3 � 3AB 827 847 Area-Lighter(l) 21,197 309 108 .54 2060. 1.55 227-456 8 2 1 4440 831 851 Flood(') 22,122 238 83 42 15:90 3.45 97 99 3:762. 1_a94 832 852 Flood(') 32,087 359 126 63 19.16 .4.10 98 9- 1-060 833 853 Mongoose(') 24,140 245 86 43 14.71 3.04 2_.46(4 1.483 834 854 Mongoose0) 32,093 328 115 57 16,31 3.60 2.8972 5 (1) Oosedtonewbusiness. 01 Average Of Average wattage. Actual wattage may vary by up to +1- 5 watts. r')The &ase Energy charges are calculated by multiplying the kWh times the lighting base energy rate of 2.5#9 per kWh for each fixture. ISSUED BY: N. G. Tower, President DATE EFFECTIVE:�^�a,, 4, 20 W0111010 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 99 Attachment D ►TECO UNT-14-TENTH REVISED SHEETM. 6.808 ."' CANCELS F=IG14TyNINTH REVISED SHEET N0: 6.808 TAMPA ELECTRIC AN EMERA COMPANY Continued ao Sheet No.'Ul O ISSUED BY- N G. Tower, President DATE EFFECTIVE: h ^' 129, ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 100 Attachment D TC�F01 IRTH k ,Am FIFTH REVISED SHEET NO. 6.809 TAMPA ELECTRIC CANCELS T#IR9-FOURTH REVISED SHEET NO. 6:809 AWFAAN EMERA COMPANY from -Sheet No. 6,808 MONTHLY RATE: LED Fixture, Maintenance, and Base Energy.Charges: ISSUED BY: N. G. Tower, President DATE EFFECTIVE: jasuary-4�8 g,/cv Size Charges per Unit (S) kWhrjil Base Ener it Rate Code DuskDusk_ Dusk to Timed Initial Lamp to Timed to Timed Davm Svc, Description Lumens') Watts ? Dawn :Svc. Fixture Maint: _ _Dawn Svc. 0.232 912 981 Roadway 2,600 27 9 .5 4.83 1.74 1 0.4312. 0.483 914 Roadway 5,392 47 16 5.97 1.74 8 0,87 921 Roadway/Area 8,500 88 31 6.97 °1.74 3 0:836 926 982 Roadway 12;414 105 37 18 6.83 1.19 8. 0.4543 1,381 932 Roadway/Area 15,742 133 47 14;15 1.38 1 1:261 935 Adea•Ughter 16,113 143 50 11.74 1.41 8 1:282 937 Roadway 16,251 '1145 51 8.61 4.26 1 1:635 941 983 Roadway 22,233 182 64 32 11.81 251 2 0:8976 2.4660 945 Area -Lighter 29,533 247 86 16:07 2.51 4 2.947 947 984 Area -Lighter 33,600 330 116 58 20.13 1.55 5 1.46537 1J7@6 951 985 Flood 23,067 199 70 35 11,12 3.45 .6 0.8683 2231 953. 986 Flood 33,113 255 89 45 21.48 4.10 °I 1. . 1.888 956 987 Mongoose 23;563 225 79 39 11.78 3,04 7 0,81}92 2847 958 Mongoose .34,937 333 117 17.84 '3.60 z 0.222 965 Granville Post Top (PT) 3,024 26 9 5.80 2:28 1 :0:353 967 988 Granville PT 4;990 39 14 7 13.35 2.28 $ 0,4872 0:353 968 989 GrarMlle PT Enh(4) 4,476 39 14 7 15.35 2,28 0.48j1 0.484 971 :Salem PT 5,240 55 19 10.95 1.54 5 0.6,3_5 972 Granville PT 7,076 60 21 14.62 '2.28 0 973 Granville PT DWI) 6,347 60 21 16.62 2.28 0 O.f86 915 990 Salem PT 7,188 1 _ 76 2 13 13;17 1.54 4 0. 3j ISSUED BY: N. G. Tower, President DATE EFFECTIVE: jasuary-4�8 g,/cv ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 101 Attachment D TC �-FIFTH REVISED SHEET NO 6.,909 - CANCELS ARD -FOURTH REVISED.SHEfT NO._ 6809 ;TAMPA ELECTRIC.. ' AN.EMERA COMPANY Continued to Sheet No. 6.810 ISSUED BY N. G. Tower; Presii ertt DATE EFFECTIVE, 9;;.40.,, 1 .:202n ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment D 20200070-EI,20200071-EI,20200092-EI PAGE 102 Aftk N NTHREVISED 9HE T NO -6.81 6 CANCELS,SEV9 44;g GHTH REVISED SHEET NO '6.815 TAMPA ELECTRIC 'AN EMERA'COMPANY - Miscellaneous,Facili#les Charges` J.NON-STANDARD FACILITIES AND SERVICES: The customer shall pay all costs associated with additional company facilities and services that are not oonsldered standard for Providing lighting service including but not limited to, the following: 1. relays; 2, distribution transformers installed solely for lighting service; 3. protectiveshields; 4. bird deterrent devices; a light trespass shields; 6, light rotations; 7. light pole relocations; 8. devices required by local regulations to control the levels or duration of illumination including associated planning and engineering costs; 9.. removal and replacement of pavement required to install underground lighting cable; and 10. directional boring. MINIMUM CHARGE: The monthly charge. FUEL CHARGE: See Sheet Nos, 6.020 and 6.021, ENERGY CONSERVATION CHARGE: See Sheet Nos. 6:020 and 6.021: CAPACITY CHARGE: See Sheet Nos. 6.020 and 6;021 ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021 FLORIDA GROSS RECEIPTS TAX: See Sheet No. 6.021 FRANCHISE FEE: See Sheet No. 6.021 PAYMENT OF BILLS See Sheet No. 6.022 ............... ..................... SPECIAL CONDITIONS: On.customer-owned public street and highway lighting systems not subject to other rate schedules, the monthly rate for energy serv2d at primaryar.eiecandar,y voltage, at, the company's option shall be 2.54pa69¢ per kWh of metered usage. ,plus a Basic Service Charge of $10:52 per month and the applicable.additional charges as specifted�on;Sheet:Nos,. 6.02.0 and 6.021.. Continued to Sheet No.:6 826 ISSUED BY: :N;: G. Tower;; President DATE EFFECTIVE: 0,. Monthiy Monthly Rate Facility: Maintenance Code: Desai tion - - -= Ghar'e Char e 563 Timer 57.54 $1.43 :569 PT Bracket accommodates two post top fixtures $4.2.7 $0.06 J.NON-STANDARD FACILITIES AND SERVICES: The customer shall pay all costs associated with additional company facilities and services that are not oonsldered standard for Providing lighting service including but not limited to, the following: 1. relays; 2, distribution transformers installed solely for lighting service; 3. protectiveshields; 4. bird deterrent devices; a light trespass shields; 6, light rotations; 7. light pole relocations; 8. devices required by local regulations to control the levels or duration of illumination including associated planning and engineering costs; 9.. removal and replacement of pavement required to install underground lighting cable; and 10. directional boring. MINIMUM CHARGE: The monthly charge. FUEL CHARGE: See Sheet Nos, 6.020 and 6.021, ENERGY CONSERVATION CHARGE: See Sheet Nos. 6:020 and 6.021: CAPACITY CHARGE: See Sheet Nos. 6.020 and 6;021 ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021 FLORIDA GROSS RECEIPTS TAX: See Sheet No. 6.021 FRANCHISE FEE: See Sheet No. 6.021 PAYMENT OF BILLS See Sheet No. 6.022 ............... ..................... SPECIAL CONDITIONS: On.customer-owned public street and highway lighting systems not subject to other rate schedules, the monthly rate for energy serv2d at primaryar.eiecandar,y voltage, at, the company's option shall be 2.54pa69¢ per kWh of metered usage. ,plus a Basic Service Charge of $10:52 per month and the applicable.additional charges as specifted�on;Sheet:Nos,. 6.02.0 and 6.021.. Continued to Sheet No.:6 826 ISSUED BY: :N;: G. Tower;; President DATE EFFECTIVE: 0,. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 103 Attachment D Auk FIRST SECOND REVISED SHEET NO.6.830 Alro'TAMPA ELECTRIC RtC CANCELS GRIGINA1 IRST SHEET NO. 6.930 AN EMERA COMPANY CUSTOMER SPECIFIED LIGHTING SERVICE SCHEDULE: LS -2 AVAILABLE: Entire service area APPLICABLE: Customer Specified Lighting Service is applicable to any customer for the sole purpose of lighting roadways or other outdoor areas. Service hereunder is provided for the sole and exclusive benefit of the customer, and nothing herein or in the contract executed hereunder is intended to benefit any third party or to impose any obligation on the Company to any such third party. At the Company's option, a deposit amount of up to a two (2) month's average bill may be required at anytime. CHARACTER OF SERVICE: Service is provided during the hours of darkness normally on a dusk -to -dawn basis. At the Company's option and at the customer's request, the company may permit a timer to control a lighting system provided under this rate schedule that is not used for dedicated street or highway lighting. The Company shall install and maintain the timer at the customer's expense. The Company shall program the timer to the customer's specifications as long as such service does not exceed 2,100 hours each year. Access to the timer is restricted to company personnel. LIMITATION OF SERVICE: Installation shall be made only when, in the judgment of the Company, location of the proposed lights are, and will continue to be, feasible and accessible to Company personnel and equipment for both construction and maintenance and such installation is not appropriate as a public offering under LS -1. TERM OF SERVICE: p :Service under #his rate schedule shall, at the option of the customer,be for an initial term of twenty (20) years beginning on the date one or more of the lighting equipment is installed, energized, and ready for use and shall continue after the initial term for'. successive one-year terms until terminated by either party upon providing ninety (90) days prior written notice. SPECIAL CONDITIONS: Qn lighting systems not subject to other rate schedules, the monthly rate for energy served' at primary or secondary voltage, at the company's option, shall be 2.&�369¢ per kWh of, metered usage, plus a Basic Service Charge of $10.52 per month and the applicable additional charges as specified on Sheet Nos. 6.020 and 6.021 Continued to Sheet No. 6.835 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: -����a.,Q g, 2020 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 104 AM TECO. �, TAMPA EL.ECTRlr- AN EMERA COMPANY Attachment D IRS~T,SECOND REVISED SHEET NO. 6.833 CANCELS GRW4 AL -FIRST SHEET NO. 6.835 Continued from Sheet No. 6.830 MONTHLY RATE: The monthly charge 'shall :be calculated by applying the monthly rate of 1.19x% to the In -Place Value of the customer specific fighting facilities identified in the Outdoor Lighting Agreement entered into between the customer and the Company for service under this schedule. The In -Place Value may change over time as new lights are added to the service provided. under this Rate Schedule to a customer taking service, the monthly rate shall be applied to the In -Place Value in effect that billing month. NONSTANDARD FACILITIES AND SERVICES: The customer shall pay all costs associated with additional company facilities and services that are not considered standard for providing lighting service, including but not limited to, the following: 1. relays; 2. distribution transformers installed solely for lighting service; 3. protective .shields; 4. bird deterrent devices; 5. 'light trespass shields; 6. light rotations; 7. light pole relocations; 8. devices required by local regulations to control the levels or duration of illumination including associated planning and engineering costs; 9. removal and replacement of pavement required to install underground lighting cable; 10. directional boring; 11, specialized permitting that is incremental to a standard construction permit; and 12. specialized engineering scope required by either the customer or by local code or ordinance that is unique to the requested work. Payment may be made in a lump sum at the time the agreement is entered into, or at the customer's option these non-standard costs may be included in the In -Place Value to which the monthly rate will be applied. MINIMUM CHARGE: The monthly charge. ENERGY CHARGE; For monthly energy served under this rate schedule, 2.54`8369� per kWh. FUEL CHARGE: See Sheet Nos. 6.020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos. 6.020 and 6.021. CAPACITY CHARGE: See Sheet Nos. 6.020 and 6.021 ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021 FLORIDA GROSS RECEIPTS TAX: See Sheet No. 6.022 FRANCHISE FEE: See Sheet No. 6.022 PAYMENT:OF.BILLS: See Sheet No 6.022 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: llayaS8 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI920200071-EI,20200092-EI PAGE 105 EXHIBIT 2 Attachment D DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 106 Attachment D A�TECO TWENTY-SEVENTH REVISED SHEET NO. 6.030 CANCELS TWENTY-SIXTH REVISED SHEET NO. 6.030 'TAMPA ELECTRIC AN EMERA COMPANY SERVICE `SCHEDULE: RS. (.AVAILABLE: Entire service area. APPLICABLE: To residential consumers in individually metered private residences, apartment'' units, and duplex units, All energy must be for domestic purposes and should not be shared with or sold to others. 1n addition, energy:used in commonly -owned facilities in condominium' and cooperative apartment buildings wilt civalify:for this rate schedule, subjectto the following criteria: 1. 100% of the energy is used exclusively for the co=owners' benefit. 2.. None of the energy is used in any endeavor which sells or rents a ;commodity or provides service for a fee. 3. Each point of delivery Wit be separately metered and billed. 4. A responsible legal entity is established as the customer to whom the Company can's render its bills forsaid service. Resale not permitted. Billing charges shall be ;prorated for billing periods that are less than 25 days :or greater than 35 days. If the .billing period exceeds 35 days and the billing extension causes energy consumption, based on average daily usage, to exceed 1,000 kWh, the excess consumption will be charged atthe lower monthly Energy and Demand Charge, LIMITATION DF SERVICE, This schedule includes service to single phase motors rated up to 75 HP. Three phase service may be provided where available for motors rated 7.5 HP and'. over. MONTHLY :RATE: Basic Service.Charoe $15.05 Energy and Demand Charge: Flrst:1.;000 kWh 8,181.¢ per kWh All additional kWh 6.1810 per kWh. MINIMUM CHARGE: The Basic Service Charge: FUEL CHARGE: See Sheet Nos. 6.020 and 6:021. Continued to Sheet No. 6.031 ISSUED BY N. G. Tower, President DATE: EFFECTIVE: DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-E1,20200092-EI PAGE 107 Attachment D AftTACO TWENTY-EIGHTHREVISED HEET NO. 6, CANCELS TWENTY-SEVENTH REVISED SHEET NO. �6'N5N � 'TAMPA ELECTRIC NO. AN EM£RA CCIMPANY GENERAL SERVICE - NON DEMAND SCHEDULE: GS AVAILABLE: Entire service area. APPLICABLE: For.lightin.g and power in .establishments :not classified as residential whose energy consumption has not :exceeded 9,000 kWh in any one of the prior twelve (12) consecutive billing periods ending With the current billing period. For any billing ;period that exceeds 35 days, the energy consumption shall be prorated to that of a 30 -day amount for purposes of administering this requirement. Resale not permitted. CHARACTER OF SERVICE: Single or 3 ;phase, 60 cycles. and approximately 120 volts or higher, at. Company's. option. LIMITATION OF SERVICE: All service under this rate shall be furnished through one meter:, Standby service permitted on Schedule GST only. MONTHLY RATE: Basic Service Charge: Metered accounts $18.06 Un -metered accounts $15.05 Energy and Demand Charge: 5.448¢ per k Nh MINIMUM CHARGE: The Basic Service Charge. EMERGENCY RELAY POWER SUPPLY:CHARGEs The monthly charge for emergencyrelay power supply service shall be 0.168¢ per kWh of. billing energy: This charge is in addition to the compensation the customer must make to the Company as :a contribution -in -aid of construction. Continued to Sheet.No.'6.051 IS. SUED BY: N. G. Tower, President DATE EFFECTIVE: C�] 7f17�.i�C��.Y�►•II ►. Ia1I►3ICi.[.`�I DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 108 Attachment D ANk TEC TWENTY-SEVENTH REVISED SHEET NO. 6.080 CANCELS TWENTY-SIXTH REVISED SHEET NO. 6.080 TAMPA El.EGTRir- AN EMERA COMPANY GENERAL SERVICE:- DEMAND: SCHEDULE: GSD AVAILABLE: Entire service area. APPLICABLE: To any customer whose. energy consumption has exceeded 9.,000.kWh in any one of the prior twelve (12) consecutive billing periods ending with the current billing period. Also available to customers with energy.consumption of any level below 9,000 kWh per billing period who agree to remain on this.late for at least Twelve (1 2) months. For any billing period that exceeds. 35 days, the energy consumption shall be. prorated to that. of a 30 -day amount for purposes.of administering this requirement. Resale not permitted.. CHARACTER OF SERVICE: A -C; 60cycles; 3 phase; of any standard Company voltage. LIMITATION OF SERVICE: Standby service is permitted only for customers who generate' less than. 20%0 of their 60 -site load requirements or whose generating equipment is used for emergency; purposes. MONTHLY RATE: STANDARD OPTIONAL Basic Service Charge` Basic Service Charge: Secondary 'Metering Voltage $ 30:10 Secondary Metering Voltage $ 30..10 Primary MeteringVoltage $ 130;44 Primary Metering Voltage $ 130.44 ;Subtrans. Metering Voltage $ .993.27 Subtrans. Metering Voltage $ 993.27 Demand Charge: Demand Charge: $10.76 per'WV:of billing demand $0.00 per kW of billing demand Energy Charge: Energy Charge: 1.5890 per kWh 6:585¢ per kWh The customer may select either standard or optional. Once an option :is. selected, the customer must remain on that option for twelve (12) consecutive months. Continued to Sheet.No. 6.081 ISSUED BY: N: G. Tower; President DATE EFFECTIVE: MON C1]:�t7�1:��L�i�'i.Y�►.TII►.IIa1L►Z'IC��L`�I DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 109 Attachment D AlmT �Q TWENTY-FIFTH REVISEDSHEET NO. 6.085 CANCELS TWENTY-FOURTH REVISED SHEET NO. 6.085 AdrAYAMI'A ELECTRIC :AN EMERA COMPANY INTERRUPTIBLE SERVICE (CLOSED TO NEW BUSINESS AS OF M.AY 7.; MQ) SCHEDULE: IS AVAILABLE: Entire Service Area. APPLICABLE: To be eligible for service under Rate Schedule IS, .a customer must have been taking interruptible service under rate schedules IS -1, TSTA, IS -3j IST -3, SBI -1.; or SBI -3 on May 6, 2009 and have ;signed the Agreement for the Purchase of Industrial Load Management Service under Rate Schedule GSLM-2. When electric service is desired at more than one location, eachsuch location or point 'of deliveryshall be considered, as a separate customer. Resale not perm..itted. CHARACTER OF SERVICE: The :electric :energy supplied under this schedule is three phase primary voltage or higher. LIMITATION OF SERVICE: Standby service. is permitted only for customers who generate less than 20% of their :on-site load requirements or whose generating equipment is used for emergency purposes. Lwal,` W&T-1� Basic Service Charge: Primary Metering Voltage. $ 624.05 Subtransmission Metering Voltage $2;379.85 Demand Charge: $3.90 per KW.of billing.demand Energy Charge: 2.5130 per KWH Continued to Sheet No. 6.086. ISSUED BY N. G. Tower, President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 110 Attachment D Aftk TECQ THIRTY-THIRD REVISED SHEET NO. 6.290 App'"d-'7AMPA C7Kt�C CANCELS THIRTY-SECOND REVISED SHEET NO. 6.290 ELECTRIC AN EM£RA COMPANY CONSTRUCTION SERVICE SCHEDULE: CS AVAILABLE: Entire service area. APPLICABLE: Single phase temporary service used primarily for construction purposes. LIMITATION OF SERVICE: Service is limited to construction poles and services installed under the TUG program. Construction poles are limited to a maximum of 70 amperes. at 240 volts for construction poles. Larger (non -TUG) services and three phase service entrances must be served under the appropriate rate schedule, plus the cost of installing and removing the temporary facilities is required. MONTHLY RATE: Basic Service Charge: $.18.06 Energy and Demand Charge: 5.4480 per kWh MINIMUM.CHARGE* The Basic Service Charge, FUEL CHARGE: See Sheet Nos. 6.020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos. 6:020 and 6.021. CAPACITY CHARGE: See Sheet Nos. 6.020 and 6.021. ENVIRONMENTAL_ COST RECOVERY CHARGE: 'See Sheet Nos. 6.020 and 6.021. FLORIDA GROSS RECEIPTS TAX: Sheet No. 6:021: FRANCHISE FEE CHARGE: See Sheet No. 6.021. MISCELLANEOUS A Temporary Service Charge of $260.00 shall be paid upon application' for the recovery of costs associated with providing, installing, and removing the company's temporary service facilities for construction poles. Where the Company is required to provide additional facilities other than a service drop or connection .point to the Company's existing distribution system, the customer shall also pay, in advance; for the est irnated cost of providing, installing and removing such additional facilities, excluding the cost, of any portion of these facilities which will remain as a part of the permanent service. PAYMENT OF BILLS See Sheet No. 6.022. ISSUED BY: N. G. Tower, President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 111 Attachment D Ask TEC TWENTY-SEVENTH REVISED SHEET NO. 6.320 CANCELS TWENTY-SIXTH REVISED SHEET NO. 6.320 TAMPA ELECTRIC AN EMERA COMPANY TIME -OF -DAY GENERAL SERVICE - NON DEMAND ,(OPTIONAL) SCHEDULE: GST AVAILABLE: Entire service area. APPLICABLE: For lighting and power in establishments not classified as residential whose energy consumption has. not exceeded 9;000 kWh in any one of the prior twelve (12) consecutive billing periods ending with the current :billing period. All of the electric load requirements on the customer's premises must be metered at one (1) point of delivery: :For any.billing period that exceeds 35 days, the energy consumption shall be prorated to that of a 30 -day amount for purposes of administering this'requirement . ;Resale not permitted. CHARACTER OF SERVICE: Single or 3 phase, .60 ;cycles and approximately 120. volts or higher, at Company's option. LIMITATION OF SERVICE: All 'service under this rate ;shall be furnished through one meter. Standby service permitted. MONTHLY RATE: Basic Service Charge: $20..07 Energy and Demand Charge: 12.371¢ per kWh during peak hours 3.053¢ per kWh during off,peak. hours Continued to Sheet No. 6.:321 ISSUED BY: N. G.. Tower,President DATE EFFECTIVE:: /I/ C� : � ► ��.`Z�I►1►•131I►•IIC�.L'� DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 112 Attachment D Ask TEcQ.TWENTY-EIGHTH REVISED SHEET NO. 6.330 CANCELS. TWENTY-SEVENTH REVISED SHEET N0:6.330 AN EMERA COMPANY TIME -OF -DAY GENERAL SERVICE - DEMAND (OPTIONAL) . ISCHEDULE: GSDT AVAILABLE: Entine service area. APPLICABLE: To anycustomer whose energy consumption has exceeded 9,000 kWh in any one of the prior twelve (12) consecutive billing periods ending with the current billing period. Also available to customers with energy consumption at any level below 9,000 WVh..per billing period who agree to remain on this rate for at least twelve (12) months. For any billing period that exceeds 35 days, the consumption shall be prorated to that of a 30 -day amount for purposes gf administering this requirement: Resale not permitted, CHARACTER OF SERVICE: A -C; 60 cycles.; 3 phase; at any standard Company voltage. LIMITATION OF SERVICE: Standby service is permitted only for customers who generate' less than 20% of their on-site load requirements or whose 'generating equipment is used for emergency purposes. MONTHLY RATE: Basic Service :Charge: SecondaryMetering Voltage $ 30.10 ,Primary Metering Voltage $ 130.44 Subtransmission Metering Voltage $ 993.27 Demand .Charge: $3:44 per kW of billing demand,. plus $7.04 per kW of peak billing demand Energy Charge: 2.9080 per kWh during peak hours 1._049¢ per kWh during off-peak hours Continued to Sheet No. 6.331 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 113 Attachment D AftkT CO, TWENTY-FIFTH REVISED SHEET No. 6.340 CANCELS TWENTY-FOURTH REVISED SHEET NO. 6.340 Alro-'TAMPA ELECTRIC AN EMERA COMPANY TIME OF DAY ............................. ................ iNTERRUpTiBLE SERVi"GE (CLOSED TO,NE111 IRUSINESS AS OF MAY 7, 2009) SCHEDULE: IST AVAILABLE: Entire Service Area. AppucABLE: To be eligible for service under Rate .Schedule IST, a customer must have been taking in service under rate schedules IS -9, IST -1, IS -3, IST -3, SBI -1, or S13I-3 on May 6, 2009 and have signed the. Agreement for the Purchase of Industrial Load Management Service under Rate Schedule GSLM-2. When electric service is desired at more than: one location) each such location or point of :deliveryshall be considered as a. separate customer. Resale not permitted.. CHARACTER OF SERVICE: "The. electric energy supplied under this 'schedule is three phase primary voltage :or higher. LIMITATION OF SERVICE: .Standby service is permitted only for :customers who generate less than 20%.6f their on-site toad requirements or whose generating equipment is used for emergency purposes. Basic Service Charge: Primary Metering Voltage $ 624.05 subtransmission Metering Voltage $2;379.$5 .Demand Charge: $3.90 per KW of billing demand '. EFFECTIVE: g ll3 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 114 T.ECC?. .A,'TAMPA ELECTRIC AN EMERA COMPANY Attachment D THIRTEENTH REVISED SHEET NO. 6.565 CANCELS TWELFTH REVISED SHEET NO. 6.565 Continued from Sheet No, 6.560 MONTHLY RATES., Basic Service Charge: $1.5.05 Energy and Demand Charges` 5.495¢ per kWh (for all pricing periods) MINIMUM.GHARGE: The Basic Service Charge. FUEL CHARGE: See Sheet Nos. 6.020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos. 6:020 and 6.021. CAPACITY CHARGE: See Sheet Nos. 6:020 and 6.021: ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021. FLORIDA -GROSS RECEIPTS TAX: See Sheet No. 6.021. FRANCHISE FEE CHARGE: See Sheet No. 6.021. PAYMENT OF BILLS: See Sheet No, 6.022. DETERMINATION OF PRICING PERIODS: Pricing periods are established by season for'. weekdays :and weekends, The pricing periods Ifor price levels Pi ��ow Cost Hours), P2 (Moderate Cost Hours) and Pa (High Cost Hours) are as follows: May through October PI. ........ P.i ...... ......... Pa......... Weekdays 1.1 P.M. to 0 A.M. 6 A:M. to 1 P.M. 1.P.M. to 6. P.M. 6 P.M. to 11 P. M. Weekends 11 P.M. to 6 A.M. 6 A.M. to 11 P:M.---------- November through April P1 P2 Ps Weekdays 11 P.M. to 5 A.M. 5 A.M. to 6 A.M. 6 A.M. to 10 A.M. 10 A.M. to 11 P.M. Weekends 11 P.M. to 6 A.M. 6 A.M. to 11 P:M. --------- The pricing periods for price level P4 '(Critical Cost Hours) shall be determined at the sole. discretion of the Company. Level P4 hours shall not exceed 134 hours per year. Continued to Sheet No. 6:570 ISSUED BY: :N. G. Tower, President DATE EFFECTIVE: a ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 115 AAk TECC3. �ATAMPA etec-TRIC AN EM£RA COMPANY SCHEDULE: SBF Attachment D SIXTEENTH 'REVISED SHEET NO. 6.600 CANCELS FIFTEENTH REVISED SHEET NO. 6.600 FIRM STANDBY AND SUPPLEMENTAL SERVICE' I AVAILABLE: Entire service area. APPLICABLE: Required for 811 self -generating Customers whose generating capacity in kilowatts (exclusive of emergency ,generation equipment) exceeds 20% of their site load in kilowatts and who take firm service from the utility. Also available to self -generating Customers whose. generating capacity :in kilowatts does not exceed 20% of their site load in kilowatts, but who agree to all the terms and conditions of this tate schedule. Resale not permitted,. CHARACTER OF:SERVICE: A -C; 60 cycles; 3 phase; at any standard company. voltage. LIMITATION OF .SERVICE: A customer taking service under this tariff must sign a. Tariff' Agreement for the Purchase of Firm Standby and Supplemental Service. (See Sheet No. 7;600) MONTHLY RATE: Basic. ServiceCharae: Secondary Metering Voltage $ 55.18 Prima y Metering Voltage $ 155.51 Subtransmission Metering Voltage $1;018.36 CHARGES.FOR STANDBY:SERVICE: Demand Char-ge: $ 1.68 per W -Month of Standby Demand (Local F.ac.ilities,Reservation.C.tiarge) plus the greater of: $ 1.55 per kW -Month of Standby Demand (Power Supply Reservation Charge) or $ 0.62 per kW -Day of Actual Standby: Billing Demand (Power Supply Demand Charge) Energy Charge: 0.917¢ per Standby kWh Continued to Sheet No. 6:601 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: 02-//5 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 116 Attachment D AM TTAMPA ELECTRIC ECC). EIGHTEENTH' REVISED SHEET NO. 6.601 CANCELS SEVENTEENTH REVISED SHEET NO. 6.601 �� AN EMERA COMPANY Continued from Sheet No. 6.600 .CHARGES FOR SUPPLEMENTAL SERVICE: Demand 'Charge: $10.76 per W -Month of Supplemental Billing Demand (Supplemental Billing Demand Charge) Energy Charge: 1.5800 per Supplemental kWh DEFINITIONS OF THE USE PERIODS: All time periods stated in clock time. (Meters .are programmed to automatically adjust for changes from standard to daylight saving time and vice -versa,;) Apel 1 - October 31 November 1 - March 31 Peak Hours: 12:00 Noon = 9:00 PM 6:00 AM -10>00 AM (Monday -Friday) and 6:00 PM -10:00 PM Off -Peak Hours: Ali other weekday hours, and all hours on Saturdays, Sundays, New'. Year's Day, Memorial Day_ , Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be off-peak. BILLING UNITS: Demand Units: Metered Demand - The highest measured 30 -minute interval kW demand served by the -company during the month. Site Load - The highest kWtotal of Customer generation plus deliveries :by the company less: deliveries to the Company, occurring in the same 30 minute interval, during the month. Normal. Generation - The :generation level. equaled or :exceeded. by the Customer's generation 10%0 of .the metered intervals during the previous twelve months. Supplemental Billing Demand - The amount, if any, by which the highest Site Load during any 30 -minute interval in the month exceeds 'Normal Generation, but no greater than Metered Demand. Continued to Sheet No. 6.602 ISSUED BY: N. G. Tower, .President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI,, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 117 Aftk TECO. Ao'TAMPA ELECTRIC AN EM,ERA COMPANY SCHEDULE: SBFT Attachment D THIRTEENTH REVISED SHEET NO. 6.605 CANCELS TWELFTH REVISED SHEET NO. 6.605 TIME -OF -DAY FIRM STANDBY AND SUPPLEMENTAL SERVICE (OPTIONAL) AVAILABLE: Entire service area. APPLICABLE: Required for all self -generating Customers whose generating capacity in kilowatts (exclusive of emergency .generation equipment) exceeds 20% of their site load in kilowatts and who take firm service from the utility. Also available to self -generating''. Customers whose generating capacity in kilowatts does not exceed 20% of their site load in kilowatts, but who :agree to all the terms and conditions of this rate schedule; Resale not permitted. CHARACTER OF SERVICE: A -C; 60 cycles; 3 phase; at any standard..company voltage, LIMITATION OF SERVICE: A'Customer taking serviceunder this tariff :must sign a Tariff'. Agreement for the Purchase of Firm Standby and Supplemental Service. (See Sheet No. 7:600) I MONTHLY RATE: Basic Service Charac Secondary Metering Voltage $ 55.18 Primary Metering Voltage $ 155:51 Subtransmission Metering Voltage $1,018.36 CHARGES FOR STANDBY SERVICE: Demand :Charge: $ 1.68 per kW -Month of Standby Demand (Local Facilities Reservation Charge) plus the greater of: $ 1.55 per kW -Month of Standby Demand (Power Supply Reservation Charge) or $ 0.62 per kW -Day of Actual Standby Billing Demand (Power Supply Demand Charge) Energy Charge: 0.917¢ per Standby kWh Continued to Sheet No. 6.606 ISSUED BY:, N. G. Tower, President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 118 Attachment D Am TCQ` FIFTEENTH REVISED SHEET NO. 6.606 'TAMP.4 ELECTRICCANCELS FOURTEENTH REVISED SHEET NO. 6,606 AN EMERA COMPANY Continued from Sheet No, 6.605 CHARGES .FOR SUPPLEMENTAL' SERVICE Demand Charge: $3.44 per kW -Month of Supplemental Demand (Supplemental Billing Demand Charge), plus $7.04 per kW -Month of Supplemental Peak Demand (Supplemental Peak Billing Demand Charge) Eneray Charge: 2.9080 per Supplemental kWh during .peak hours 1.0490 per Supplemental kWh during off-peak hours DEFINITIONS OF THE USE PERIODS: All time periods stated. in clock time. (Meters are programmed to automatically adjust for changes from :standard to daylight saving time and vice -versa.) April 1 - October 31 November 1 March 31. Peak -Hours: 12:00 Noon - 9:00 PM 6:00 AM -10:00 AM (Monday -Friday) and 6:00 PM -10:00 PM Off -Peak Hours: All other weekday hours, and all hours on Saturdays, Sundays, New''. Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and ,Christmas' Day shall be off-peak. BILLING UNITS: Demand Units: Metered Demand _ The highest measured 30 -minute interval kW demand, served by the Company during the month. Metered Peak °Demand - The .highest measured 30 -minute interval kW demand served by the Company during the peak hours. Site Load - The.highest. kW total of Customer generation plus deliveries ;by the company less deliveries :to the company, occurring in the same 307 minute interval, during the month. Continued to Sheet No. 6.607 ISSUED BY: N, G... Tower; President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 119 A TECO .A�" 1`AMPA ELECTRIC AN EMERA COMPANY Attachment D THIRTEENTH REVISEDSHEET NO. 6.700 CANCELS TWELFTH REVISED SHEET NO. 6.700 INTERRUPTIBLE STAN DBYAND SUPPLEMENTALSERVICE: (CLOSED TO NEW BUSINESS AS OF MAY 7, 2.009) SCHEDULE: SBI AVAILABLE: Entire service area. APPLICABLE: Required for all self -generating customers eligible for service under rate schedules :IS or ':IST whose generating capacity in kilowatts (exclusive of emergency generation equipment) exceeds 20% of their site load in kilowatts. Also available to self - generating customers eligible for service under rate schedules IS or IST whose generating capacity in ,kilowatts does not exceed 20% of their site load in'kilowatts but who agree to .611 the terms and conditions of this rate schedule. To be eligible for service under this rate schedule, a customer must have been taking interruptible service under rate schedules 'IS -1, ISTAIS-3, IST -3, SBIA, or SBI -3 on May 6, 2009 and have signed the Supplemental Tariff Agreement for the Purchase of Industrial Standby and Supplemental Load Management Rider Service. Resale not permitted. CHARACTER OF SERVICE: The .electric energy supplied under this schedule is three phase primary voltage or.higher LIMITATION OF SERVICE: A customer taking service under this tariff must sign the Tariff Agreement for the Purchase of Standby and Supplemental Service MONTHLY RATE: Basic Service -Charge: Primary Metering Voltage $649.14 Subtransmission Metering Voltage $2,404.93 Demand Charge: $3:90 per KW -Month of Supplemental Demand (Supplemental Demand Charge) $1:39 per KV1 Wonth of Standby Demand. (Local Facilities Reservation Charge) plus the greater of: $1.20 per KW -Month of Standby Demand (Power Supply Reservation Charge); or $0:48 per KW -Day of Actual Standby Billing Demand (Power Supply Demand Charge) Continued to .Sheet No. 6.705 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 120 TECO] AlleAd -rAt-Ar=sa ELECYRIC AN EMERA COMPANY Attachment D ELEVENTH' REVISED SHEET NO .6.805 CANCEL$'TENTH REVISED SHEET NO. 6.805 MONTHLY RATE: High Pressure Sodium Fixture, Maintenance, and Base Energy Charges: (') - Closed to new business M Lumen output may vary by lamp configuration and age. (3) Wattage ratings do not includeballast' losses. M The Base Energy charges are calculated by multiplying the kWh times the lighting base energy rate of 2.3690 per kWh for each fixture. ....... ......... . Continued to Sheet No. 6.806 ISSUED BY N. G. Tower, President DATE EFFECTIVE C�-/ -zo Lamp Size Charges per Unit M kWh Base Ener (") Rate Code Dusk Dusk Dusk .to Timed Initial Lamp to Timed to Timed I Dawn Svc. Description- Lumens(2) Watta e1') Dawn Svc, Fixture. Maint. Dawn Svc. . 800 860 Cobrar't 4,000 $0 20 10 3.16 2.46 0.47 0.24 80 m Cobra/NemaS') 6,300 70 29 14 3.20 2.11 0.69 0.33 803 863 Cobra/Nema"? 9,500 100 44 22 3.63 2.33 1.04 0.52 804 864 Cobraf? 16,000 150 66 33 4.18 2.02 1.56: 0.78 805 865 Coven.. 28,500 250 105 52 4.87 2.60 2,49 1.23 866 666 Cobra(') 50,000 400 163 81, 5.09 2.99 3:86 1.92 468 454 Flood0) 26,500 250 105 52 5.37 2.60 2,49 1;23 478 484 Flood(') 50,000 400 163 81 5:71 3.00 3.86 1.92 809 869 MongooseM $0,000 400 163 81 6.50 3,02 3.66 1.92 509 508 Post Top(PT)01 4,000 50 20 10 3.98 2.48 0.47 0.24 570 $30 Classic PTM 9,500 -100 44 22 11.85 1.89 1,04 0.52 810 870 Coach PTO) 6,360 70 29 14 4.71 211 0.69 0.33 572 532 Colonial PT( 9,500 100 44 22 11.75 1.89 1.04 0.52 573 533 Salem PTO) 9;500 100 44 22 9,03 1.89 1.04 0.52 550 534 ShoeboxM 9,500 100 44 22 8.01 1,89 1.04 0.52 566 536 Shoeboxini 28,500 250 105 52 8,69 318 2.49 1.23 552 538 Shoebox(') 50,000 400 163 61 9,52 2.44 3.86 1.92 (') - Closed to new business M Lumen output may vary by lamp configuration and age. (3) Wattage ratings do not includeballast' losses. M The Base Energy charges are calculated by multiplying the kWh times the lighting base energy rate of 2.3690 per kWh for each fixture. ....... ......... . Continued to Sheet No. 6.806 ISSUED BY N. G. Tower, President DATE EFFECTIVE C�-/ -zo ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 121 /� TECO .A�'TAMPA ELECTRIC AN EMERA COMPANY I MONTHLY RATE: Attachment D NINTH REVISED SHEET N0, 6.806 CANCELS EIGHTH REVISED SHEET IVO.6.806 Sheet No. Metal Halide Fixture, Maintenance, and Base Energy Charges: (1) Closed to new business (2) Lumen output may vary by lamp configuration and age. rs) Wattage ratings do not include ballast losses. (9 The Base Energy charges are calculated by multiplying the kWh times the lighting base energy rate of 2,36W, per kWh for each fixture. Continued to :Sheet No. 6.808 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: pal Lamp Size Charges per Unit j9) kWh Base Ener (4) Rate Code Dusk Dusk I Dusk to: Timed initial tamp 10 Timed to Timed Dawn Svc. Description Lumens(2), Watta e(') Dawn Svc. Fixture Maint. Dawn Svb. 704 724 Cobra"? 29,700 350 138 69 7.53 4:99 3.27 1.63 520 522 CobraQ) 32,000 400 159 79 6,03 4.01 3:77 1.87 705 725 Flood') 29,700 350 138 69 8.55 5.04 3.27 1.63 556 541 Flood') 32,000 400 159 79 8.36 4.02 3.77 1.87 558 578 Flood(" 107,800 1,000 383 191 10.50. 8,.17 9.07 4.52 701 721 General PTI) 12,000 150 67 34 10.60 3,92 1;59 0.81 574 548 General PTO 14,400 175 74 37 10.89 3.73 175 0:88 700: 720 Salem PTO 12,000 150 67 34 9.33 3.92 1.59 0.81 575 568 Salem PTO) 14,400 1.75 74 37 9.38 3.74 1.75 10.88 702 72.2 Shoeboxt'> 12,000 150 67 34 722 3.92 159 0.81 564 549 Shoebox(l) 12,800 175 74 37 7.95 3.70 1.75 0,88 703 723 Shoeboxha 29,700 350 138 69 9.55 4:93 3.27 '1:63 554 540 Shoebox(') 32,000 400 159 79 10.02 3.97 3.77 1.87 576 577 1 Shoebo)(0) 1 107,800 1 1:000 1 383 1 191 1 16.50 1 8.17 1 9.07 4:52 (1) Closed to new business (2) Lumen output may vary by lamp configuration and age. rs) Wattage ratings do not include ballast losses. (9 The Base Energy charges are calculated by multiplying the kWh times the lighting base energy rate of 2,36W, per kWh for each fixture. Continued to :Sheet No. 6.808 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: pal ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 122 /► TO EC. A�:TAMPA ELECTRIC AN EMERA COMPANY ................ ......... . MONTHLY RATE: Attachment D TENTH REVISED SHEET NO. 6.808 CANCELS NINTH REVISED SHEET NO. 16.808 Continued frotn Sheet No. 6.806 LED Fixture, Maintenance, and Base Energy Charges: {' Gosed to hew business *� :Average Average vrattage: Actual wattage may vary by Gp to +/-,S watts. f4) The Base:Energy charges are calculated by multiplying the MNh times the lighting base energy rate of 2.3690 per kWh for each fixture. Continued to Sheet No. 6.810 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: C� -aA Size ...... .. ......... .............. Charges per Unit (3) ...... _......I I.. kWh() . _ Base.Ener 'Y.'. Rate .Code...... Dusk Dusk Dusk W Timed Initial Lamp fo Timed to Timed Dawn Svc.. Descri tion .. Lumens'' Watta et . Dawn Svc. Fixture Maintenance . Dawn. Svc... 828 848 Roadwaytl� :5,155 56 20 10 7.27 1.74 0.47 0:24 820 840 Roadway o 71577 1.03, 36 18 11..15 1.:19 0.85 0.43 821 841 Roadway0i 81300 106 37 19 11.15 1,20 0 88045 825 849 Roadwayri> 15,285 157 55 .27 11.10 2.26 1..30 0.64 822 842 Roadwrayt1> 15,300 196 69 34 14:58 1.26 '1:63 0.81 823 843 Roadway(l) 14;831 206 72 36 16.80 '1.38 1.71 0.85 835 855 PostTop0% 5,176 60 21 11 16`53 2:28 0.50 0.26 824 844 Post Top') 3,974 67 24 12 19.67 1.54 0.57 0:28 825 845 Post Top?F 6,030' 99 35 17 20.51 1:56 0.83, 0:40 836 856 Post Top0) 71360 100 35 18 16.70 2.28 0.83 0:43 830 850 Area-LighferS'.l 14,100 '152 53 27 14.85 2.51 1.26. 0.64 826. 846 Area -L ghte l) 13,62 .0 202 71 35 19.10 1.41 1.68 0.83 827 847 Area -Lighted') 21,197 309 108 54 20.60 1.55 2.56 1.28 831 85,1 Hood(' 22;122 238 83 42 15.90 3.45 1.97 0.99 832 852 Flood(') 32,087 359 126 63 19.16 4.10 2.98 1.49 833 853 Mongoose() 24,140 245 86 43 14.71 3.04 2.04 1.02 8.34 85.4 Mongoose0i) 32,093 328 115 57 16.31 3.60 2.72 1.35 {' Gosed to hew business *� :Average Average vrattage: Actual wattage may vary by Gp to +/-,S watts. f4) The Base:Energy charges are calculated by multiplying the MNh times the lighting base energy rate of 2.3690 per kWh for each fixture. Continued to Sheet No. 6.810 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: C� -aA ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 123 irk TECO. TAMPA ELEC`rRiC AN EMERA COMPANY MONTHLY RATE Attachment D FIFTH REVISED SHEET NO. 6.809 CANCELS' FOURTH REVISED SHEET NO. 6.809 Continued froth Sheet No. 6.808 LED Fixture, Maintenance, and Base:Energy.Charges: t,,. Average (7)'Average wattage. Actual wattage may vary by up to +/•'10 %. (3)The Base Energy charges, 'are calculated by multiplying the kWh times the lightingbase energy rate of 2.3094 per kWh,for each fixture. 0 Enhanced Post Top. Customizable decorative options Continued to Sheet No. 6.810 ISSUED BY: N. G Tower, President DATE EFFECTIVE*. Size Charges per Unit.($) k wi?) Base Ener ') Rate Code Dusk Dusk Dusk to Timed Initial Lamp to Timed to Timed Dawn Svc. Desori tion Lumens(') Watta (2? Dawn. Svc. Fixture. Maint, Dawn Svc, 912 981 Roadway 2,600 27 9 5 4.83 3.74 :0:21 0.12 91.4 Roadway 5,392 47 16 5.97 114 0:38 921 Roadway/Area 8,500 88 31 8.97 1:7.4 0113 926 982 Roadway 12,414 105 37 18 6.83 119 0.88 0.43 932 Roadway/Area 15,742 133 47 14,15 1138 1,11 935 Area -Lighter 16,113 i43 50 11.74 1:41 1,18 937 Roadway 16,251 145 51 8.61 2.26 1.21 941 983 Roadway 22,233 32 182 64 11,81 2;51 1,152 0.76 945 Area -Lighter 29,533 247 86 : 16.07 2.51 2.04 947 984 Area -Lighter 3axo 330 116 58 20.13 1.55 275 137 951 985 Flood 23,067 199 70 35 11.12 3:45 1.66 0.83 953 986 Flood 33,113 255 89 45 21:48 4.10 2,11 1:07 956 987 Mongoose 23,563 225 79 39 11.78 3.04. 1.87 0;92 958 Mongoose 34,037 333 197 17,84 360 2177 965 Granville Post Top (PT) 3,024 26 9 5.80 2.28 0.21 967 988 Granville PT 4,990 39 14 T 13.35. 2.28 0.33 0.17 968 989 Granville PTT EnhM 4,476 39 14 7 15.35 2.28 0.33 0.17 971 Salem PT 5,240 55 19 10.95 1:54 0.45 :972 Granville PT 7,076 60 21 14.62 2.28 0.50 973 Granviile PT EnhM 6,347 60 21 16.62, 2.28 0,50 :675 990 Salem:PT 7,188 76 27 13 13,17 1:54 0.64 0,31 t,,. Average (7)'Average wattage. Actual wattage may vary by up to +/•'10 %. (3)The Base Energy charges, 'are calculated by multiplying the kWh times the lightingbase energy rate of 2.3094 per kWh,for each fixture. 0 Enhanced Post Top. Customizable decorative options Continued to Sheet No. 6.810 ISSUED BY: N. G Tower, President DATE EFFECTIVE*. ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 124 TECH. �f_ -TAMPA ELECTRIC AN. EMERA COMPANY Miscellaneous Facilities Charges: Attachment D NINTHREVISED SHEET NO. 6.816 CANCELS EIGHTH REVISED SHEET NO. 6.815 NON-STANDARD FACILITIES AND SERVICES: The customer shall pay all costs associated with additional company facilities and services thatare not considered standard for providing lighting service, including but not limited to, the following: 1. relays; 2, distribution transformers installed solely for lighting ,service; 3. protective shields; 4. bird deterrent devices; 5. light trespass shields; 6. light rotations; 7. light pole relocations; 8. devices required by local regulations to control the levels or duration of illumination including associated planning and engineering costs; 9. removal and replacement of pavement required to install underground lighting cable; and 10. directional boring. MINIMUM CHARGE: The monthly charge. FUEL CHARGE: See :Sheet Nos. 6.020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos. 6.020 and 6.021. .CAPACITY CHARGE: See Sheet Nos. 6.020 and 6.021 ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021 FLORIDA GROSS RECEIPTS TAX: See Sheet No. 6.021 FRANCHISE FEE: See Sheet No. 6.021 PAYMENT OF BILLS: :See Sheet No. 6.022 :SPECIAL CONDITIONS: On customer -owned public street and highway lighting systems not subject to other rate schedules, the monthly rate for energy served at primary or secondary voltage, at the company's option, shall be 2.369¢ per kWh of metered usage, plus a Basic Service Charge. of $10.52 per month and the applicable additional charges as specified on Sheet Nos. 6.020 and 6.021.., Continued to :Sheet No. 6.820 ISSUED BY :N. G.. Tower, President DATE EFFECTIVE: Monthly Monthly Rate Facility Maintenance Code Description Char aChar e 563 Tinier $7.54$1.43 $1.43 569 FdTBracket: acoommodatestwo post top fixtures $4.27 $0.06 NON-STANDARD FACILITIES AND SERVICES: The customer shall pay all costs associated with additional company facilities and services thatare not considered standard for providing lighting service, including but not limited to, the following: 1. relays; 2, distribution transformers installed solely for lighting ,service; 3. protective shields; 4. bird deterrent devices; 5. light trespass shields; 6. light rotations; 7. light pole relocations; 8. devices required by local regulations to control the levels or duration of illumination including associated planning and engineering costs; 9. removal and replacement of pavement required to install underground lighting cable; and 10. directional boring. MINIMUM CHARGE: The monthly charge. FUEL CHARGE: See :Sheet Nos. 6.020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos. 6.020 and 6.021. .CAPACITY CHARGE: See Sheet Nos. 6.020 and 6.021 ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021 FLORIDA GROSS RECEIPTS TAX: See Sheet No. 6.021 FRANCHISE FEE: See Sheet No. 6.021 PAYMENT OF BILLS: :See Sheet No. 6.022 :SPECIAL CONDITIONS: On customer -owned public street and highway lighting systems not subject to other rate schedules, the monthly rate for energy served at primary or secondary voltage, at the company's option, shall be 2.369¢ per kWh of metered usage, plus a Basic Service Charge. of $10.52 per month and the applicable additional charges as specified on Sheet Nos. 6.020 and 6.021.., Continued to :Sheet No. 6.820 ISSUED BY :N. G.. Tower, President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 125 Attachment D TECO. SECOND REVISED SHEET NO. 6.830 CANCELS FIRST SHEET NO. 6.830 A� 'TAMPA ELECTRIC AN EMERA COMPANY CUSTOMER SPECIFIED LIGHTING SERVICE SCHEDULE: LS -2 AVAILABLE: Entire service area APPLICABLE: Customer. Specified Lighting Service is applicable to any customer for the sole purpose of lighting roadways or other outdoor areas. Service hereunder is provided for the sole and exclusive benefit of the customer, and nothing herein or in the contract executed hereunder is intended to benefit any third party or to impose any obligation on the Company to any such third party. At the Company's option, a deposit amount of up to :a two (2) month's average bill may be required at anytime. CHARACTER OF SERVICE; Service is provided during the hours of darkness normally on a dusk -to -dawn basis, At the Company's option and at the customer's request, the company may permit a timer to control a lighting system provided under this rate schedule that is not used for dedicated street. or highway lighting. The Company shall install and maintain the timer at the custp mers -.expense, The Company shall program the timer to the customer's ;specifications as long as such service does not exceed 21100 hours each year. Access to the timer is restricted to company personnel. LIMITATION OF SERVICE: Installation shall be made only when, in the judgment of the Company, location of the proposed lights are, and will continue to be, feasible and accessible to Company personnel and equipment for both construction and maintenance and such installation is not appropriate as a public offering under LS -1. TERM OF SERVICE Service under this rate schedule shall, at the option of the customer, be for an initial term of twenty (20) years beginning on the date one or more of the lighting equipment is installed, energized, and ready for use and shall continue after the initial term for successive one-year terms until terminated by either party upon providing ninety (90) days prior written notice. SPECIAL CONDITIONS: On lighting systems not subject to other rate schedules, the monthly rate for energy served at primary or secondary voltage, at the company's option, shall be 2.3690 per kWh of metered usage, plus a Basic Service Charge of $10.52 per month and the :applicable additional charges as specified on Sheet Nos. 6.020 and 6.021 Continued to Sheet No. 6.835 ISSUED BY: N. G. Tower, President DATE. EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 126 Aftk - '%TAMPA E:LEC`rR1C AN EMERA COMPANY Attachment D SECOND REVISED SHEET NO. 6.8.35 CANCELS FIRST SHEET NO. 6.835 MONTHLY RATE: The monthly charge shall be calculated by applying the monthly rate of 1.19% to the In -Place Value of the customer specific lighting facilities identified in the Outdoor Lighting Agreement entered into between the customer and the Company for service under this schedule. The in -Place Value may change over time as new lights are added to the service provided under this Rate Schedule to a customer taking service, the monthly rate shall be applied to the In -Place Value in effect that billing month. NON-STANDARD FACILITIES AND SERVICES: The customer shall pay all costs associated with additional company facilities and services that are not considered standard for providing lighting service, including but not limited to, the following: 1. relays; 2. distribution transformers installed solely for lighting service; 3. protective shields; 4. bird deterrent devices; 5. light trespass shields; 6. light rotations; T light pole relocations;. 8. devices required by local regulations to control the levels or duration of illumination including associated planning and engineering costs; S. removal and replacement of pavement required to install underground lighting cable; 10. directional boring; 11. specialized permitting that is incremental to a standard construction permit; and 12_ specialized engineering scope required by either the customer or by local code or ordinance that is unique to the requested work. Payment m.ay:be made in a lump sum at the time the agreement is entered into; or at the customer's option these:non-standard costs may be included in the In -Place Value to which the monthly rate will be applied. MINIMUM CHARGE: The monthly charge. ENERGY CHARGE: For monthly:energy served under this rate schedule, 2.369 per kWh. FUEL CHARGE: See Sheet Nos. 6.020 and 6.021. ENERGY CONSERVATION CHARGE: See Sheet Nos. 6.020 and 6.021. CAPACITY CHARGE: See Sheet Nos. 6.020 and 6.021 ENVIRONMENTAL COST RECOVERY CHARGE: See Sheet Nos. 6.020 and 6.021 FLORIDA GROSS RECEIPTS TAX: See Sheet No. 6.022 FRANCHISE FEE: See Sheet No. 6.022 PAYMENT OF BILLS: See Sheet No. 6.022 ISSUED BY: N. G. Tower, President DATE EFFECTIVE: ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 127 EXHIBIT 3 Attachment D ,�-ia V ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070 -EI, 20200071 -EI, 20200092 -EI PAGE 128 Projection Year2021 m, Attachment D Calculation of GSDO Portion RS (Tfer'11 Tier 2, RSVP . GS & CS Distribution Fa'cto'rs 1051 59:1877 1 5.670956 Transmission Factors 1171 55.4154% 1 6.0893% ...... ...... Factors to be used RS (Tier 1, Tier 2, RSVP) GS &'CS Distribution Factors 591870% 5.6709% Transmfssion Factors L 55.4154% 1 6.0893% 'Load Forecast Data at Meter for Projected Year MWh kW .... .... RS (Tier 1, Ter 2, RSVP) 9,684,803 GS.&CS 902,049 GSD, RSD, SBF 7,544,170 17;528,483 :GSD Optional 360,212 IS 1,986;004 LSI - 134,246 LTG -FAC _ 0 RS (Tier 1,Tier 2; RSVP) , GS & CS MM ... ..... .. MM Billing determinants for Projected Year. .9,684,803 902,049 Transmission Demand Separation -Factor Average 12 CP M_ W from (Projection Year -1) FPSC Jurisdictional Factor 92.5292% FERC Jurisdictional Factor 7:4108% Total 1:000 Revenue Requirements from Regulatory Accounting Caoital g, -/,?f3 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 129 Attachment D Distribution Lateral Undergrounding $0.00 TransinissionAsset U 'grades $0:00 Substation Ex'tre'me Weather Protection $0.00 Distribution Overhead Feeder Hardening $0.00 Transmission Access Enhancements $100,000.00 O&M Revenue RequirenientsfroMRegulatory Accounfing ... . DistributionVegetation Management : planned $12,000,000.00. Transmission Vegetation Management !,planned : $1,200,000.00 Transmission Asset Upgrades $0.00 Substation Extreme WeatherProtection $0.00 Distribution Overhead Feeder Hardening $0.00 Distribution Infrastructure Inspections $1,200,000.00 Transmission'Infrastructure"Inspections $500,000.00 SPP Planning & Common .. $0:00 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 130 iGSD, SBF GSD Optional - - - - :IS.. - - - - - - LS1, LS2 � � � - M FAC- - - 31.6709% 1.5122% 0.5405% 1.4185% 0.0000% 34.1821% 1.6321% 2.5863% 0.0948% 0:0000% SBF 92:53% 7A7% 100.00% Check LS2 LTG -FAC Attachment D 1000000% Check 100.0000% ..... s -/3D ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 131 EXHIBIT 4 Attachment D 12.131 ORDER NO. PSC -2020 -0293 -AS -EI DOCKET NOS. 20200067 -EI, 20200069 -EI, 20200070-EI,20200071-EI,20200092-EI PAGE 132 Attachment D C) -/3z Storm: Protection Ilan Cost:Rkovery Reduction of 35 million from Base Rates .. 'current RatelTariif sheet ...0P. '5PP.ReduGlon New Rafe RS Energy 'TI 5.271 C/kWh 0.0903 t/kWh 5.181 C/kWh T2 6.271 CIkWh 0.0303 t/kWh 6.1$1 C/kWh RSVP.Energy 5.585 t/kWh 0.0903 C/kWh 5.495 C/kWh 65 $ CS Energy 5.642 C/kWh 0.0943 C/kWh 5.448 C/kWh GST ON Peak Energy 12.465 C/kWh 0.0943 t/kwh 12.371 C/kWh OFF.Peak Energy 3.147 C/kWh 0.0943 C/kWh 3.053 C/kWh GSD Demand 11:03 5/kW 0.27.5/kW 10.76 $" SBF SupplementDemand11.03 $/kW 0.21'$/kW 10.76 $/kW SBFStandby0emand 1.955/kW 037:5/kw 1.685/kW GSOT Demand On Peak 3.71 $/kW an S/kW 3.44 S/kW Off Peak 7.31 $/kW. 0.27 $/kW 7.04 $/kW swr Demand SBFT Standby Demand 1.95•$/kW 0.27$/kW 1.685/kW On Peak 3.71 $/kW 0.27 $/kW 3.44 $/kW '.Off Peak 731 $/kW 0.27 -$/kW 7.04 $/kW GSD Optional Energy 6.648 CAM 0.0630 C/kWh 6:585 C/kWh IS,IST $81 I5, IST Billing Demand 3.96 S/kW 0.06. SIM 3.90 $/kW SBI Supplemental Demand 3.96 $/kW 006..5/kw 3:90 $/kW SBI Standby Demand 1.45 $/kW 0.06 5/kW 1.39 $/kW .LSI,LS2 Energy 2.510 C/kWh 0.2408 t/kWh 2.369 C/kWh Attachment D C) -/3z 7c INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 8, 2020 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON BRIGHTLINE TRAINS EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for Brightline Trains. Please see the attached document for expenses incurred as of 9/08/20. ATTACHED: • Brightline Trains Expenses through 9/08/20 spreadsheet. 3 Brightline Trains Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 In addition to prior authorization 10/2/2018 Board approved additional $92,500 _ 11/20/2018 Board approved additional $1 million (Budget Amendment) . 3/17/2020 Countv Attomev's Office received 5200.000 from citizens IRudcet Amendment) Acct#00110214-033110-15023 Legal Services Date 8/4/2020 Vendor Murphy & Walker Amount $870.00 N&te— Fees for legal Services July 2020 7/13/2020 Murphy & Walker + $3,065.00 Fees for Legal Services June 2020 6/9/2020 Murphy & Walker $1,914.00 Fees for Legal Services May 2020 5/15/2020 MoloLamken LLP $100,000.00 Fees for Legal Services April 2020 5/8/2020 Murphy & Walker $4,263.00 Fees for Legal Services April 2020 4/8/2020 Murphy & Walker $11,541.25 Fees for Legal Services March 2020 3/25/2020 Bryan Cave LLP $427.00 Fees for Legal Services February 2020 " 3/19/2020 MoloLamken LLP $100,000.00 Fees for Legal Services February 2020 3/10/2020 Murphy & Walker $3,178.50 Fees for Legal Services February 2020 2/10/2020 Murphy & Walker $9,483.00 Fees for Legal Services January 2020 1/13/2020 Murphy & Walker $7,917.00 Fees for Legal Services December 2019 12/11/2019 Murphy & Walker $13,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP $697.50 Fees for Legal Services October 2019 11/12/2019 Murphy & Walker $16,222.00 Fees for Legal Services October 2019 Subtotal Expenses FY 19/20 $272,907.25 9/30/2019 Murphy & Walker $19,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LLP $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LLP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services June & July 2019 7/10/2019 Murphy & Walker $13,868.00 Fees for Legal Services lune 2019 6/24/2019 Bryan Cave LLP $1,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker $7,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP $65,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker $2,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy & Walker $8,042.00 Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP $59,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker - $15,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker $13,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker $9,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP - $26,535.95 Fees for Legal Service -November 2018 12/5/2018 MCDermot,Wlll & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP - $16,416.20 Fees for Legal Service -October 2018 Subtotal Expenses FY 18/19 $548,417.98 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP $72,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service -July 2018 8/24/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP - $49,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP $10,012.00 IRC Legislative Advocacy Matters- 4/6.4/20/18 6/13/2018 Bryan Cave LLP -- $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP - - $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 - - IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 - Fees for Legal Services -Aug 2017 M.M.- - 9/27/2017 Bryan Cave LLP - $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services- June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP 1 $2,608.50 Fees for Legal Services -March 2017 5/12/2017 - Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP - - - - $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP + $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP - $53,720.93 - Fees for Legal Services -Dec 2016 private activity bonds - 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP i $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP i $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS _ - $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds' 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin - -" - -- - $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 - 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP f $22,207.65 Fees for Legal Services -Jan 2016 -' 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 1S/16 - $807,167.15 9/30/2015 Bryan Cave LLP c $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 - Bryan Cave LLP - $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP - - $37,687.25 Fees for Legal Services -lune 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 _ Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP - $28,871.78 Fees for Legal Services -April 2015 private activity bonds . 6/18/2015 Nabors Giblin & Nickerson PA i -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services - 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP - $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees " 2/24/15 Nabors Giblin & Nickerson PA' $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services " 12/10/14 Bryan Cave LLP E $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 19/17/14 Bryan Cave LLP $937.50 Fees for Legal Services I *Split between Acct#00110214-033190-15023 Other Professional Services Other Professional Services Acct#00110111-034020-15023 All Travel Travel Date Travel Amount Notes 4/24/2019 11/4/2019 Advanced Data Solutions $1,115.00 Document Scanning $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 11/27/2018 Scripps $92.40 Legal Advertising Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 Subtotal Expenses FY 18/19 $442.40 $373.60 Subtotal Expenses FY 18/19 $1,406.74 9/30/2018 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request -balance $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Subtotal Expenses FY 17/18 $198.64 9/11/2018 - Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlandc 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 5/8/2018 1/24/2017 Triad Railroad Consultants $13,396.11 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 12/1/2016 Scripps $95.70 Legal Advertising Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hili Hotel -Dylan Reingold 9/30/2016 GK Environmental $5,580.00 $2,420.00 9/30/2017 Delta Air $191.80 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 8/5/2016 GK Environmental $2,040.00 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping Subtotal Expenses FY 15/16 $62,563.89 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing Subtotal Expenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 All Travel Travel Date Travel Amount Notes 4/24/2019 Dylan Reingold-FDFC Meeting on Brlghtline $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando $92.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 Subtotal Expenses FY 18/19 $1,406.74 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlandc $111.91- 9/11/2018 - Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlandc $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando $110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner - $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hili Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $2,420.00 9/30/2017 Delta Air $191.80 Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 9/30/2017 American Airlines $193.20 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $25.00 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 30 EIS 11/21/14 Acct#00110214-034020.15023 $6,585.80 All Travel Subtotal Expenses FY 14/15 $44,740.70 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 Subtotal Expenses FY 16/17 $3,029.76 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 9/8/2015 Doubletree Orlando - $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Kate Cotner -$5.36 Orlando -Travel -FL Dev. Finance Corp Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 30 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 19/20 $274,107.25 Total Expenses 18/19 $550,267.12 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 9/08/2020 $3,756,095.12 Total Board authorized budget for FY 19/20• $697,432.88 Total Board authorized budget for FY 18/19 $550,267.12 Total Board authorized budget for FY 17/18 $637,344.22 Total Board authorized budget for FY 16/17 $223,471.97 Total Board authorized budget for FY 15/16 $870,867.50 Total Board authorized budget for FY 14/15 $1,154,211.26 Total Board authorized budget for FY 13/14 $45,825.80 Total budgeted 13/14-19/20 $4,179,420.75 'Includes $200,000 donation from citizens Remaining Balance $423,325.63 6M CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 398200 08/07/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 398201 08/07/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 398202 08/07/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 398203 08/07/2020 NORTH CAROLINA CHILD SUPPORT 105.69 398204 08/07/2020 AMERITAS 30,771.68 398205 08/07/2020 TOTAL ADMINISTRATIVE SERVICES CORP 775.32 398206 08/07/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 398207 08/07/2020 TX CHILD SUPPORT SDU 163.85 398208 08/13/2020 HAMPTON INN 319.60 398209 08/13/2020 RACE TO SAFETY TRAINING LLC 439.00 398210 08/13/2020 STURGIS LUMBER & PLYWOOD CO 1.58 398211 08/13/2020 COMMUNICATIONS INTERNATIONAL 1,593.95 398212 08/13/2020 TEN -8 FIRE EQUIPMENT INC 1,180.90 398213 08/13/2020 VERO CHEMICAL DISTRIBUTORS INC 200.60 398214 08/13/2020 PALMDALE OIL COMPANY INC 26,012.59 398215 08/13/2020 HENRY SCHEIN INC 920.08 398216 08/13/2020 SAFETY PRODUCTS INC 72.30 398217 08/13/2020 SAFETY PRODUCTS INC 194.70 398218 08/13/2020 AT&T WIRELESS 543.49 398219 08/13/2020 DATA FLOW SYSTEMS INC 5,567.25 398220 08/13/2020 B G KENN INC 326.05 398221 08/13/2020 E -Z BREW COFFEE & BOTTLE WATER SVC 66.37 398222 08/13/2020 GRAINGER 170.00 398223 08/13/2020 CLIFF BERRY INC 718.75 398224 08/13/2020 BOUND TREE MEDICAL LLC 3,750.80 398225 08/13/2020 TIRESOLES OF BROWARD INC 2,623.64 398226 08/13/2020 CITY ELECTRIC SUPPLY COMPANY 14.99 398227 08/13/2020 BLAKESLEE SERVICES INC 66.30 398228 08/13/2020 BAKER & TAYLOR INC 6,891.87 398229 08/13/2020 MIDWEST TAPE LLC 2,602.24 398230 08/13/2020 NORTHERN SAFETY CO INC 52.96 398231 08/13/2020 ATKINS NORTH AMERICA INC 5,174.60 398232 08/13/2020 PALM TRUCK CENTERS INC 245.23 398233 08/13/2020 GO COASTAL INC 122.55 398234 08/13/2020 CLERK OF CIRCUIT COURT 62.87 398235 08/13/2020 CLERK OF CIRCUIT COURT 612.70, 398236 08/13/2020 CITY OF VERO BEACH 2,257.86 398237 08/13/2020 AT&T CORP 5,063.67 398238 08/13/2020 JANITORIAL DEPOT OF AMERICA INC 133.43 398239 08/13/2020 HENRY FISCHER & SONS INC 380.00 398240 08/13/2020 PUBLIX SUPERMARKETS 13.35 398241 08/13/2020 CALLAWAY GOLF SALES COMPANY 7,425.00 398242 08/13/2020 FLORIDA POWER AND LIGHT 45,871.46 398243 08/13/2020 FLORIDA POWER AND LIGHT 1,119.42 398244 08/13/2020 FLORIDA POWER AND LIGHT 2,055.03 398245 08/13/2020 AMERICAN PLANNING ASSOCIATION 1,196.00 398246 08/13/2020 CITY OF FELLSMERE 14.52 398247 08/13/2020 KENNETH CAMPBELL SENIOR 75.00 398248 08/13/2020 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,617.80 398249 08/13/2020 INDIAN RIVER FARMS WATER CNTRL DIST 337.50 398250 08/13/2020 ARNOLD AIR CONDITONING INC 520.00 398251 08/13/2020 JOHN BROWN & SONS INC 6,750.00 398252 08/13/2020 FORESTRY SUPPLIERS INC 126.58 398253 08/13/2020 TLC DIVERSIFIED INC 114,467.40 398254 08/13/2020 IRONSIDE PRESS 380.35 398255 08/13/2020 DAVCO ELECTRICAL CONTRACTORS CORP 4,478.00 398256 08/13/2020 BRIDGESTONE AMERICAS INC 288.08 398257 08/13/2020 SHIHI;VE CHEMICAL CO 4,153.88 J TRANS NBR DATE VENDOR AMOUNT 398258 08/13/2020 TRANE US INC 1,067.80 398259 08/13/2020 HULETT ENVIRONMENTAL SERVICES 160.00 398260 08/13/2020 CELICO PARTNERSHIP 2,397.14 398261 08/13/2020 VAN WAL INC 120.00 398262 08/13/2020 COASTAL TECHNOLOGY CORPORATION 51,546.50 398263 08/13/2020 SOUTHERN JANITOR SUPPLY INC 3,034.97 398264 08/13/2020 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 398265 08/13/2020 MBV ENGINEERING INC 1,602.50 398266 08/13/2020 GLOVER OIL COMPANY INC 24,457.43 398267 08/13/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,624.06 398268 08/13/2020 GLOBALSTAR USA 189.39 398269 08/13/2020 FISHER & PHILLIPS LLP 11,088.00 398270 08/13/2020 FLUID CONTROL SPECIALTIES INC 2,203.12 398271 08/13/2020 WINSUPPLY OF VERO BEACH 100.12 398272 08/13/2020 BRENNTAG MID -SOUTH INC 7,559.14 398273 08/13/2020 OVERDRIVE INC 2,830.46 398274 08/13/2020 KEITH GROCHOLL 50.00 398275 08/13/2020 MOORE MOTORS INC 115.25 398276 08/13/2020 NEWSOM OIL COMPANY 604.00 398277 08/13/2020 GAUDET ASSOCIATES INC 783.20 398278 08/13/2020 CARDINAL HEALTH 110 INC 1,973.03 398279 08/13/2020 MUNICIPAL EMERGENCY SERVICES INC 461.90 398280 08/13/2020 BURNETT LIME CO INC 3,180.80 398281 08/13/2020 W&G MAINTENANCE 2,330.00 398282 08/13/2020 STRAIGHT OAK LLC 176.35 398283 08/13/2020 C E R SIGNATURE CLEANING 150.00 398284 08/13/2020 BREVARD COUNTY BOCC 50.00 398285 08/13/2020 THE LAW OFFICES OF 1,252.00 398286 08/13/2020 EUROFINS EATON ANALYTICAL INC 1,575.00 398287 08/13/2020 eMAINT ENTERPRISES LLC 3,060.00 398288 08/13/2020 MICHAEL EDWARD HAMILTON 300.00 398289 08/13/2020 SYLIVIA MILLER 1,011.00 398290 08/13/2020 ESI ACQUISITION INC 29,800.00 398291 08/13/2020 CATHEDRAL CORPORATION 17,189.20 398292 08/13/2020 UNIFIRST CORPORATION 1,008.34 398293 08/13/2020 CDA SOLUTIONS INC 435.46 398294 08/13/2020 ADVANCE STORES COMPANY INCORPORATED 211.23 398295 08/13/2020 AC VETERINARY SPECIALTY SERVICES 1,007.17 398296 08/13/2020 COLE AUTO SUPPLY INC 3,563.60 398297 08/13/2020 RHOADES AIR & HEAT 3,371.00 398298 08/13/2020 FORERUNNER TECHNOLOGIES INC 97.50 398299 08/13/2020 FLORIDA BULB & BALLAST INC 268.95 398300 08/13/2020 NESTLE WATERS NORTH AMERICA 168.82 398301 08/13/2020 CALVIN GIORDANO & ASSOCIATES INC 20,931.25 398302 08/13/2020 CORE & MAIN LP 137,615.12 398303 08/13/2020 STEWART MATERIALS LLC 188.90 398304 08/13/2020 BROWNELLS INC 1,627.80 398305 08/13/2020 WOERNER AGRIBUSINESS LLC 586.00 398306 08/13/2020. TYCO FIRE & SECURITY MANAGEMENT INC 831.00 398307 08/13/2020 IM SOLUTIONS INC 4,669.20 398308 08/13/2020 AMAZON CAPITAL SERVICES INC 9,309.80 398309 08/13/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 398310 08/13/2020 AMERIGAS PROPANE LP 2,857.53 398311 08/13/2020 METROPOLITAN COMMUNICATION SERVICES INC 407.00 398312 08/13/2020 JORDAN POWER EQUIPMENT CORP 171.30 398313 08/13/2020 DEANGELO BROTHERS LLC 290.00 398314 08/13/2020 PC SOLUTIONS & INTEGRATION INC 1,175.32 398315 08/13/2020 MULLINAX FORD OF VERO BEACH 1,695.07 398316 08/13/2020 APTIM CORP 658.10 398317 08/13/2020 XGD SYSTEMS LLC 8,623.99 10 TRANS NBR DATE VENDOR AMOUNT 398318 08/13/2020 BLUE GOOSE CONSTRUCTION LLC 9,149.19 398319 08/13/2020 STAPLES INC 27.22 398320 08/13/2020 LOWES COMPANIES INC 2,422.88 398321 08/13/2020 PEOPLEREADY INC 1,456.00 398322 08/13/2020 THE LIBRARY STORE INC 63.67 398323 08/13/2020 GOMEZ BROTHERS ENTERPRISES INC 4,045.00 398324 08/13/2020 DEX IMAGING LLC 25.00 398325 08/13/2020 ROBERT A HUDSON 50.00 398326 08/13/2020 BETZAIDA GONZALEZ 186.38 398327 08/13/2020 WITTENBACH BUSINESS SYSTEMS LLC 671.35 398328 08/13/2020 BRITTON INDUSTRIES INC 404.21 398329 08/13/2020 OHL USA 43,714.53 398330 08/13/2020 FIRE EQUIPMENT SERVICES OF FLORIDA INC 375.00 398331 08/13/2020 EXPLOSIVE TOUCH ENTERPRISES 300.00 398332 08/13/2020 BLUEBOOK 48.95 Grand Total: 735,646.48 11 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1016974 08/11/2020 AT&T CORP 950.35 1016975 08/11/2020 OFFICE DEPOT INC 69.29 1016976 08/11/2020 COMCAST 325.25 1016977 08/11/2020 POLYDYNE INC 2,576.00 1016978 08/11/2020 WASTE MANAGEMENT INC OF FLORIDA 2,614.72 1016979 08/12/2020 AT&T CORP 148.40 1016980 08/12/2020 WASTE MANAGEMENT INC OF FLORIDA 565.18 1016981 08/13/2020 INDIAN RIVER BATTERY 362.90 1016982 08/13/2020 INDIAN RIVER OXYGEN INC 3,372.50 1016983 08/13/2020 RING POWER CORPORATION 2,193.29 1016984 08/13/2020 DEMCO INC 453.57 1016985 08/13/2020 MIKES GARAGE & WRECKER SERVICE INC 820.00 1016986 08/13/2020 APPLE INDUSTRIAL SUPPLY CO 188.70 1016987 08/13/2020 ABCO GARAGE DOOR CO INC 1,394.00 1016988 08/13/2020 ALLIED UNIVERSAL CORP 5,018.35 1016989 08/13/2020 IRRIGATION CONSULTANTS UNLIMITED INC 3,924.98 1016990 08/13/2020 THE EXPEDITER 295.14 1016991 08/13/2020 GROVE WELDERS INC 547.94 1016992 08/13/2020 SOUTHERN COMPUTER WAREHOUSE INC 387.20 1016993 08/13/2020 WIGINTON CORPORATION 2,203.27 1016994 08/13/2020 THYSSENKRUPP ELEVATOR CORPORATION 1,325.00 1016995 08/13/2020 COMO OIL COMPANY OF FLORIDA 70.00 1016996 08/13/2020 STRYKER SALES CORP 2,739.00 1016997 08/13/2020 MIDWEST MOTOR SUPPLY CO 693.28 1016998 08/13/2020 PROTRANSMASTERS II INC 247.95 1016999 08/13/2020 AUTO PARTNERS LLC 352.24 1017000 08/13/2020 PIONEER MANUFACTURING 1,767.00 1017001 08/13/2020 STAT MEDICAL DISPOSAL INC 405.00 1017002 08/13/2020 HYDRA SERVICE (S) INC 25,734.00 1017003 08/13/2020 EFE INC 647.48 1017004 08/13/2020 PACE ANALYTICAL SERVICES LLC 8,536.50 Grand Total: 70,928.48 12 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7855 08/07/2020 IRC FIRE FIGHTERS ASSOC 9,307.84 7856 08/07/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,590.93 7857 08/07/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 72,695.13 7858 08/11/2020 FL SDU 5,037.01 7859 08/11/2020 IRS -PAYROLL TAXES 471,925.28 7860 08/11/2020 ATLANTIC COASTAL LAND TITLE CO LLC 330,743.85 7861 08/11/2020 TOTAL ADMINISTRATIVE SERVICES CORP 12,445.93 7862 08/12/2020 IRS -PAYROLL TAXES 196.78 7863 08/13/2020 FLORIDA DEPARTMENT OF REVENUE 14,663.52 7864 08/13/2020 FLORIDA DEPARTMENT OF REVENUE 410.32 7865 08/13/2020 FLORIDA DEPARTMENT OF REVENUE 891.36 7866 08/13/2020 FLORIDA DEPARTMENT OF REVENUE 2,985.49 Grand Total: 928,893.44 13 JEFFREY R.. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 21, 2020 SUBJECT: Quarterly Investment Report for Quarter Ending 6/30/2020 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the third quarter of this fiscal year. This report was reviewed by our investment advisory committee on August 20, 2020. RECOMMENDATION Staff recommends. that the Board of County Commissioners accept the attached Quarterly Investment Report. 14 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report April 1, 2020 through June 30, 2020 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise .who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach.Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Andy Beindorf, Treasure Coast Regional President of CenterState Bank. Also present at the meetings are the Clerk of the Circuit Court, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is placed with Bank of New York/Mellon and is presently invested in a treasury note. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended June 30, 2020 was 1.22%. The overall average yield for the quarter ended March 31, 2020 was 1.83%. 15 INVESTMENT ACTIVITY As of June 30, 2020, the investments portfolio book value was $410;150,540 with a market value of $413,116,604. Of the $410,150,540 portfolio total, $339,393,332 is restricted for the following purposes: $ 92,435,124 Special revenue projects $ 91,834,072 Capital projects $ 151,523,717 Business -type activities $ 3,600,419 Escrow Funds $ 339,393,332 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) The weighted average maturity of the treasury and agency investments as of June 30, 2020 is 13 months. Yields on the individual investments ranged from 0.125% to 2.750%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2020: Schedule 1 Special Escrow Revenue 41%27% Portfolio by maturity date bar graph Business - Portfolio by type pie chart Type Capital 45% Projects Schedule 7 27 The weighted average maturity of the treasury and agency investments as of June 30, 2020 is 13 months. Yields on the individual investments ranged from 0.125% to 2.750%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2020: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 16 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2020 loft 17 . 06/30/20 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 3133EKPZ3 2.126% 06/10/19 07/10/20 0.03 2.126% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EKTN6 1.851% 07/03/19 10/02/20 0.26 1.851% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EUD7 1.620% 01/22/20 04/22/21 0.81 1.620% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133ELN67 0.210% 06/23/20 06/23/21 0.98 0.210% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ELG57 0.200% 06/08/20 09/08/21 1.19 0.200% 5 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EK214 1.690% 10/21/19 10/21/21 1.31 1.690% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EK6D3 1.570% 11/25/19 11/08/21 1.36 1.570% $ 3,000,000.00 $ 2,996,250.00 FFCB Bullet 3133ELNPS 1.450% 02/24/20 02/24/22 1.65 1.464% $ 3,000,000.00 $ 2,999,160.00 FFCB Callable 3133ELVV3 0.950% 04/08/20 04/08/22 1.77 0.950% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ELXU3 0.500% 04/28/20 04/28/22 1.83 0.500% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ELZN7 0.160% 05/18/20 05/18/22 1.88 0.237% $ 3,000,000.00 $ 2,995,410.00 FFCB Callable 3133ELU51 1.000% 03/30/20 06/30/22 2.00 1.000% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ELYU2 0.350% 05/11/20 08/11/22 2.12 0.350% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ELWRl 0.875% 04/20/20 10/20/22 2.31 0.875% $ 3,000,000.00 $ 3,000,000.00 $ 39,000,000.00 $ 38,990,820.00 9.53% FHLB Bullet 313OA66T9 1.625% 12/12/18 09/11/20 0.20 2.792% $ 3,000,000.00 $ 2,940,660.00 FHLB Bullet 3130ACE26 1.375% 06/26/19 09/28/20 0.25 1.810% $ 3,000,000.00 $ 2,983,860.00 FHLB Bullet 313OA7CV5 1.375% 08/26/19 02/18/21 0.64 1.556% $ 2,000,000.00 $ 1,994,720.00 FHLB Bullet 3130AOXD7 2.375% 03/04/19 03/12/21 0.70 2.565% $ 3,000,000.00 $ 2,988,827.10 FHLB Bullet 3130A151-4 0.125% 06/29/20 06/29/21 1.00 0.183% $ 3,000,000.00 $ 2,998,260.00 FHLB Bullet 313OA8QS5 1.584% 11/19/19 07/14/21 1.04 1.584% $ 3,000,000.00 $ 2,977,620.00 FHLB Callable 3130Al2U2 1.550% 02/19/20 02/04/22 1.60 1.558% $ 3,000,000.00 $ 2,999,550.00 FHLB Callable 3130A13A5 1.570% 02/19/20 02/14/22 1.63 1.576% $ 3,000,000.00 $ 2,999,670.00 FHLB Callable 3130A1FH7 1.000% 03/30/20 03/30/22 1.75 1.0001A $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AJQQS 0.300% 06/30/20 06/30/22 2.00 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OA14F3 1.600% 02/24/20 08/24/22 2.15 1.600% $ 3,000,000.00 $ 3,000,000.00 $ 32,000,000.00 $ 31,883,167.10 7.79% FHLMC Bullet 3137EAE14 1.625% 06/05/19 09/29/20 0.25 2.003% $ 3,000,000.00 $ 2,985,300.00 FHLMC Bullet 3137EAEL9 2.375% 09/21/18 02/16/21 0.63 2.873% $ 3,000,000.00 $ 2,965,500.00 FHLMC Bullet 3134G9HB6 1.570% 05/15/19 05/17/21 0.88 2.243% $ 2,000,000.00 $ 1,973,757.70 FHLMC Callable 3134GTG56 2.000% 07/22/19 07/22/21 1.06 2.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 3137EAEC9 1.125% 10/11/19 08/12/21 1.12 1.527% $ 2,000,000.00 $ 1,985,500.00 FHLMC Callable 3134GVKX5 0.625% 04/20/20 04/20/22 1.81 0.625% $ 3,000,000.00 5 3,000,000.00 FHLMC Callable 3134GUZ94 1.720% 01/13/20 07/13/22 2.04 1.720% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVMW5 0.500% 04/27/20 04/27/22 1.82 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVR19 0.300% 05/05/20 05/05/22 1.85 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVSQ2 0.300% 05/08/20 05/06/22 1.85 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVST6 0.250% 05/11/20 05/11/22 1.86 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVWZ7 0.270% 05/21/20 05/19/22 1.88 0.270% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVC71 0.280% 06/02/20 06/02/22 1.92 0.280% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVE61 0.280% 06/08/20 06/08/22 1.94 0.280% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVQ76 0.300% 06/17/20 06/17/22 1.96 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVV47 0.330% 06/22/20 06/22/22 1.98 0.330% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVXA1 0.310% 05/21/20 08/19/22 2.14 0.310% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVV54 0.350% 06/22/20 09/22/22 2.23 0.350% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GVJP4 1.125% 04/08/20 10/07/22 2.27 1.129% $ 3,000,000.00 $ 2,999,700.00 $ 54,000,000.00 $ 53,909,757.70 13.18% FNMA Bullet 3135GOT60 1.500% 03/15/18 07/30/20 0.08 2.351% $ 3,000,000.00 $ 2,941,350.00 FNMA Bullet 3135GOJ20 1.375% 12/10/18 02/26/21 0.66 2.761% $ 3,000,000.00 $ 2,911,377.00 FNMA Bullet 3135GOU27 2.500% 11/29/18 04/13/21 0.79 2.919% $ 3,000,000.00 $ 2,971,350.00 FNMA Bullet 3135GGK69 1.250% 10/11/19 05/06/21 0.85 1.569% $ 2,000,000.00 $ 1,990,140.00 FNMA Bullet 3136GO3S8 1.650% 05/14/19 -05/14/21 0.87 2.221% $ 2,000,000.00 $ 1,977,780.00 FNMA Bullet 3135GON82 1.250% 08/26/19 08/17/21 1.13 1.499% $. 2,000,000.00 $ 1,990,340.00 FNMA Bullet 3135GON82 1.2501Y. 12/31/19 08/17/21 1.13 1.585% $ 3,000,000.00 $ 2,983,890.00 FNMA Bullet 3135GOQ89 1.375% 11%05/19 10/07/21 1.27 1.592% $ 3,000,000.00 $ 2,987,700.00 $ 21,000,000.00 $ 20,753,927.00 5.07% Treasury Note 9128282J8 1.500% 08/14/18 07/15/20 0.04 2.604%. $ 3,000,000.00 $ 2,938,359.00 Treasury Note 9128282JB 1.5001Y. 05/22/19 .07/15/20 0.04 2.311% $ 2,000,000.00 $ 1,981,680.00 Treasury Note 912828XM7 1.625% 08/14/18 07/31/20 0.08 2.608% $ 3,000,000.00 $ 2,943,960.00 Treasury Note 912828NT3 2.625% 12/07/18 08/15/20 0.13 2.747% $ 2,000,000.00 $ 1,995,937.50 Treasury Note 9128284Y3 2.625% 12/07/18 08/31/20 0.17 2.746% $ 2,000,000.00 $ 1,995,885.00 Treasury Note 912828VV9 2.125% 08/01/18 08/31/20 0.17 2.676% $ 3,000,000.00 $ 2,966,700.00 Treasury Note 9128282V1 1.375% 03/22/19 09/15/20 0.21 2.429% $ 3,000,000.00 $ 2,954,250.00 Treasury Note 912828582 2.750% 12/07/18 09/30/20 0.25 2.751% $ 3,000,000.00 $ 2,999,850.00 Treasury Note 9128282Z2 1.625% 03/22/19 10/15/20 0.29 2.433% $ 3,000,000.00 $ 2,962,950.00 Treasury Note 9128282Z2 1.625% 09/10/18 10/15/20 0.29 2.709% $ 3,000,000.00 5 2,934,120.00 Treasury Note 912828WCO 1.750% 09/10/18 10/31/20 0.34 2.707% $ 3,000,000.00 5 2,940,690.00 Treasury Note 912828WCO 1.750% 02/20/19 10/31/20 0.34 2.509% $ 3,000,000.00 $ 2,962,500.00 Treasury Note 9128283G3 1.7501Y. 02/20/19 11/15/20 0.38 2.510% $ 3,000,000.00 $ 2,961,562.50 Treasury Note 9128283Q1 2.0000/ 12/18/18 01/15/21 0.55 2.685% $ 3,000,000.00 $ 2,958,750.00 Treasury Note 912828N89 1.375% 11/29/19 01/31/21 0.59 1.645% $ 3,000,000.00 $ 2,990,625.00 Treasury Note 912828858 2.125% 12/18/18 01/31/21 0.59 2.686% $ 3,000,000.00 $ 2,965,500.00 Treasury Note 9128283X6 2.250% 12/21/18 02/15/21 0.63 2.656% $ 3,000,000.00 $ 2,974,650.00 Treasury Note 912828890 2.000% 04/05/19 02/28/21 0.67 2.346% $ 3,000,000.00 $ 2,980,770.00 Treasury Note 912828483 2.375% 01/29/19 03/15/21 0.71 2.587% $ 3,000,000.00 $ 2,986,890.00 Treasury Note 91282BQ37 1.250% 11/29/19 03/31/21 0.75 1.648% $ 3,000,000.00 $ 2,984,250.00 Treasury Note 912828057 2.250% 01/29/19 03/31/21 0.75 2.592% $ 3,000,000.00 $ 2,978,460.00 Treasury Note 91282SQ78 1.375% 04/05/19 04/30/21 0.83 2.329% $ 3,000,000.00 $ 2,942,490.00 Treasury Note 9128281177 1.375% 02/20/20 05/31/21 0.92 1.478% $ 3,000,000.00 $ 2,996,100.00 Treasury Note 91282SR77 1.375% 05/03/19 .05/31/21 0.92 2.318% $ 3,000,000.00 $ 2,942,910.00 loft 17 Restricted Cash - Housing Account - $356,554.60 Total Portfolio $410,150,540.35 Note: See separate investment report for OPEB funds. 2 oft Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2020 06/30/20 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Note 912828527 _ 1.125% 08/13/19 06/30/21 1.00 1.609% $ 3,000,000.00 $ 2,973,210.00 Treasury Note 9128287A2 1.625% 11/25/19 06/30/21 1'.00 1.644% $ 3,000,000.06 $ 2,999,062.50 TreasuryNote 912828576 1.125% 11/25/19 07/31/21 1.08 1.637% $ 3,000,000.00 - $ 2,974,620.00 Treasury Note 912828576 1.125% 11/13/19 07/31/21 1.08 1.6861/6 $ 3,000,000.00 $ 2,971,640.63 Treasury Note - 9128282F6 1.125% 12/19/19 08/31/21 1.17 1.659% $ - 3,000,000.00 $ 2,973,281.25 Treasury Note 9128282FG 1.125% 11/19/19 08/31/21 1.17 1.609% $ 3,000,000.00 $ 2,974,620.00 Treasury Note 912828T34 1.125% 02/20/20 09/30/21 1.25 1.459% $ 3,000,000.00 $ 2,984,100.00 Treasury Note 912828Y13 1.500% 11/19/19 09/30/21 1.25 1.602% $ 3,000,000.00 $ 2,994,375.00 Treasury Note 912828T67 1.250% 12/19/19 10/31/21 1.34 1.643% $ 3,000,000.00 $ 2,978,430.00 Treasury Note 912828T67 1.250% 11/21/19 10/31/21 1.34 1.578% $ 3,000,000.00 $ 2,981,250.00 Treasury Note 912828H86 1.500% 11/21/19 01/31/22 1.59 1.565% $ 3,000,000.00 $ 2,995,770.00 5 102,000,000.00 5 101,040,198.38 24.70% Regions Bank Money Market $27,080,987.38 6.62% Regions Bank Lockbox Accounts $2,259,950.84 0.55% TD Bank Checking Account - - $28,898,400.51 7.07% BankUnited Money Market $32,821,471.96 8.02% Valley National Bank Government Interest Checking $20,931,805.87 5.12% Marine Bank Business Money Market $8,212,483.36 2.01% FL STAR $5,014,830.16 1.23% FL CLASS - BOCC Funds $29,579,401.57 7.23% Total General Cash & Equivalents - Unrestricted $401,377,201.83 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve $ 115,650.22 Treasury Note 9128285Q95 2.750% 11/30/18 11/30/20 0.42 2.836% $ 1,045,000.00 $1,056,108.35 Total Restricted Bond Reserve - adjusted for fair market value $ 1,171,758.57 0.29% Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves - $ 6,499,373.94 1.59% Total Pooled Cash & Equivalents $409,048,334.34 100.00% Restricted Cash - Health Insurance TD Bank - BCBS Claims Account $745,651.41 Total Restricted Cash - Health Insurance - $745,651.41 Restricted Cash - Housing Account - $356,554.60 Total Portfolio $410,150,540.35 Note: See separate investment report for OPEB funds. 2 oft Investment Type CUSIP FFCB Bullet 3133EKPZ3 Treasury Note 912828218 Treasury Nate 912828218 FNMA Bullet 3135GOT60 Treasury Note 912828XM7 Treasury Note 912828NT3 Treasury Note 9128284Y3 Treasury Note 912828VV9 FHLB Bullet 313OA66T9 Treasury Note 9128282V1 FHLB Bullet 3130ACE26 FHLMC Bullet 3137EAE14 Treasury Nate 912828582 FFCB Bullet 3133EKTN6 Treasury Note 9128282Z2 Treasury Note 9128282Z2 Treasury Note 912828WCO Treasury Note 912828WCO Treasury Note 9128283G3 Treasury Note 9128283Q3 Treasury Note 912828N89 Treasury Note 912828858 Treasury Note 9128283X6 FHLMC Bullet 3137EAEL9 FHLB Bullet 313OA7CV5 FNMA Bullet 3135GOJ20 Treasury Note 912828890 FHLB Bullet 3130AOXD7 Treasury Note 912828483 Treasury Note 91282BQ37 Treasury Note 912828C57 FNMA Bullet 3135GOU27 FFCB Callable 3133EUD7 Treasury Note 91282BQ78 FNMA Bullet 3135GOK69 FNMA Bullet 3136GO3S8 FHLMC Bullet 3134G9HB6 Treasury Note 912828R77 Treasury Note 91282BR77 FFCB Callable 3133ELN67 FHLB Bullet 3130A1SL4 Treasury Note 912828527 Treasury Note 9128287A2 FHLB Bullet 3130A8QS5 FHLMC Callable 3134GTG56 Treasury Note 912828576 Treasury Note 912828576 FHLMC Bullet 3137EAEC9 FNMABullet 3135GON82 FNMA Bullet 3135GON82 Treasury Note 9128282F6 Treasury Note 9128282F6 FFCBCallable 3133ELG57 Treasury Note 912828734 Treasury Note 912828Y13 FNMA Bullet 3135GOQ89 FFCB Callable 3133EK2J4 Treasury Note 912828T67 Treasury Nate 912828T67 FFCB Bullet 3133EK6D3 Treasury Nate 9128281-186 FHLB Callable 313OAl2U2 FHLBCallable 3130A13A5 FFCB Bullet 3133ELNP5 FHLBCallable 3130AJFH7 FFCB Callable 3133ELVV3 FHLMC Callable 3134GVKXS FHLMC Callable 3134GVMW5 FFCB Callable 3133ELXU3 FHLMC Callable 3134GVR19 FHLMC Callable 3134GVSQ2 FHLMC Callable 3134GVST6 FFCB Bullet 3133ELZN7 FHLMCCallable- 3134GVWZ7 FHLMC Callable 3134GVC71 FHLMC Callable 3134GVE61 FHLMC Callable 3134GVQ76 FHLMC Callable 3134GVV47 FHLB Callable 3130AJQQ5 FFCB Callable 3133ELUSI FHLMC Callable 3134GUZ94 FFCB Callable 3133ELYU2 FHLMC Callable 3134GVXAl FHLB Callable 3130A14F3 FHLMC Callable 3134GVV54 Coupon/ Purchase Maturity Yield Date Date 2.126% 06/10/19 07/10/20 1.5DO% 08/14/18 07/15/20 1.500% 05/22/19 07/15/20 1.500% 03/15/18 07/30/20 1.625% 08/14/18 07/31/20 2.625% 12/07/18 08/15/20 2.625% 12/07/18 08/31/20 2.125% 08/01/18 08/31/20 1.625% 12/12/18 09/11/20 1.375% 03/22/19 09/15/20 1.375% 06/26/19 09/28/20 1.625% 06/05/19 09/29/20 2.750% 12/07/18 09/30/20 1.851% 07/03/19 10/02/20 1.625% 03/22/19 10/15/20 1.625% 09/10/18 10/15/20 1.750% 09/10/18 10/31/20 1.750% 02/20/19 10/31/20 1.750% 02/20/19 11/15/20 2.000% 12/18/18 01/15/21 1.375% 11/29/19 01/31/21 2.125% 12/18/18 01/31/21 2.250% 12/21/18 02/15/21 2.375% 09/21/18 02/16/21 1.375% 08/26/19 02/18/21 1.375% 12/10/18 02/26/21 2.000% 04/05/19 02/28/21 2.375% 03/04/19 03/12/21 2.375% 01/29/19 03/15/21 1.250% 11/29/19 03/31/21 2.250% 01/29/19 03/31/21 2.500% 11/29/18 04/13/21 1.620% 01/22/20 04/22/21 1.375% 04/05/19 04/30/21 1.250% 10/11/19 05/06/21 1.65D% 05/14/19 05/14/21 1.570% 05/15/19 05/17/21 1.375% 02/20/20 05/31/21 1.375% 05/03/19 05/31/21 0.210% 06/23/20 06/23/21 0.125% 06/29/20 06/29/21 1.125% 08/13/19 06/30/21 1.625% 11/25/19 06/30/21 1.58451 11/19/19 07/14/21 2.000% 07/22/19 07/22/21 1.125% 11/13/19 07/31/21 1.125% 11/25/19 07/31/21 1.125% 10/11/19 08/12/21 1.250% 08/26/19 08/17/21 1.250% 12/31/19 08/17/21 1.125% 12/19/19 08/31/21 1.125% - 11/19/19 08/31/21 0.20091. 06/08/20 09/08/21 1.125% 02/20/20 09/30/21 1.500% 11/19/19 09/30/21 1.375% 11/05/19 10/07/21 1.690% 10/21/19 10/21/21 1.250% 12/19/19 10/31/21 1.250% 11/21/19 10/31/21 1.570% 11/25/19 11/08/21 1.500% 11/21/19 01/31/22 1.550% 02/19/20 02/04/22 1.570% 02/19/20 02/14/22 1.450% 02/24/20 02/24/22 1.000% 03/30/20 03/30/22 0.950% 04/08/20 04/08/22 0.625% 04/20/20 04/20/22 0.500% 04/27/20 04/27/22 0.500% 04/28/20 04/28/22 0.30091 05/05/20 05/05/22 0.300% 05/08/20 05/06/22 0.250% 05/11/20 05/11/22 0.160% 05/18/20 05/18/22 0.270% 05/21/20 05/19/22 0.2809A 06/02/20 06/02/22 0.280% 06/08/20 06/08/22 0.300% 06/17/20 06/17/22 0.330% 06/22/20 06/22/22 0.300% 06/30/20 06/30/22 1.000% 03/30/20 06/30/22 1.720% 01/13/20 07/13/22 0.350% 05/11/20 08/11/22 0.31091 05/21/20 08/19/22 1.600% 02/24/20 08/24/22 0.350% 06/22/20 09/22/22 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2020 Years To Yield To Original Maturity Maturity Par Amount 0.03 2.126% $ 2,000,000.00 0.04 2.604% $ 3,000,000.00 0.04 2.311% $ 2,000,000.00 0.08 2.351% $ 3,000,000.00 0.08 2.608% $ 3,000,000.00 0.13 2.747% $ 2,000,000.00 0.17 2.746% $ 2,000,000.00 0.17 2.676% $ 3,000,000.00 0.20 2.792% $ 3,000,000.00 0.21 2.429% $ 3,000,000.00 0.25 1.810% $ 3,000,000.00 0.25 2.003% $ 3,000,000.00 0.25 2.751% $ 3,000,000.00 0.26 1.851% $ 2,000,000.00 0.29 2.433% $ 3,000,000.00 0.29 .2.709% $ 3,000,000.00 0.34 2.707% $ 3,000,000.00 0.34 2.509% $ 3,000,000.00 0.38 2.510% $ 3,000,000.00 0.55 2.685% $ 3,000,000.00 0.59 1.645% $ 3,000,000.00 0.59 2.686% $ 3,000,000.00 0.63 2.656% $ 3,000,000.00 0.63 2.873% $ 3,000,000.00 0.64 1.556% $ 2,000,000.00 0.66 2.761% $ 3,000,000.00 0.67 2.346% $ 3,000,000.00 0.70 2.565% $ 3,000,000.00 0.71 2.587% $ 3,000,000.00 0.75 1.648% $ 3,000,000.00 0.75 2.592% $ 3,000,000.00 0.79 2.919% $ 3,000,000.00 0.81 1.620% $ 2,000,000.00 0.83 2.329% $ 3,000,000.00 0.85 1.569% $ 2,000,000.00 0.87 2.221% $ 2,000,000.00 0.88 2.243% $ 2,000,000.00 0.92 1.478% $ 3,000,000.00 0.92 2.318% $ 3,000,000.00 0.98 0.210% $ 3,000,000.00 1.00 0.183% $ 3,000,000.00 1.00 1.609% $ - 3,000,000.00 1.00 1.64491 $ 3,000,000.00 1.04 1.584% $ 3,000,000.00 1.06 2.000% $ 2,000,000.00 1.08 1.686% $ 3,000,000.00 1.08 1.637% $ 3,000,000.00 1.12 1.527% $ 2,000,000.00 1.13 1.499% $ 2,000,000.00 1.13 1.585% $ 3,000,000.00 1.17 1.659% $ 3,000,000.00 1.17 1.609% $ 3,000,000.00 1.19 0.200% $ 3,000,000.00 1.25 1.459% $ 3,000,000.00 1.25 1.602% $ 3,000,000.00 1.27 1.592% $ 3,000,000.00 1.31 1.690% $ 3,000,000.00 1.34 1.643% $ 3,000,000.00 1.34 1.578% $ 3,000,000.00 1.36 1.570% $ 3,000,000.00 1.59 1.565% $ 3,000,000.00 1.60 1.558% $ 3,000,000.00 1.63 1.576% $ 3,000,000.00 1.65 1.464% $ 3,000,000.00 1.75 1.000% $ 3,000,000.00 1.77 0.950% $ 3,000,000.00 1.81 0.625% $ 3,000,000.00 1.82 0.500% $ 3,000,000.00 1.83 0.500% $ 3,000,000.00 1.85 0.300% $ 3,060,000.00 1.85 0.300% $ 3,000,000.00 1.86 0.250% $ 3,000,000.00 1.88 0.237% $ 3,000,000.00 1.88 0.270% $ 3,000,000.00 1.92 0.280% $ 3,000,000.00 1.94 0.280% $ 3,000,000.00 1.96 0.300% $ 3,000,000.00 1.98 0.330% $ 3,000,000.00 2.00 0.300% $ 3,000,000.00 2.00 1.000% $ 3,000,000.00 2.04 1.720% $ 3,000,000.00 2.12 0.350% $ 3,000,000.00 2.14 0.310% $ 3,000,000.00 2.15 1.600% $ 3,000,000.00 2.23 0.350% $ 3,000,000.00 I of 06/30/20 Book Value Mo Cash Flow $ 2,000,000.00 $ 2,938,359.00 $ 1,981,680.00 $ 2,941,350.00 $ 2,943,960.00 $ 13,000,000.00 $ 1,995,937.50 $ 1,995,885.00 $ 2,966,700.00 $ 7,000,000.00 $ 2,940,660.00 $ 2,954,250.00 $ 2,983,860.00 $ 2,985,300.00 $ 2,999,850.00 $ 15,000,000.00 $ 2,000,000.00 $ 2,962,950.00 $ 2,934,120.00 $ 2,940,690.00 $ 2,962,500.00 $ 14,000,000.00 $ 2,961,562.50 $ 3,000,000.00 $ 2,958,750.00 $ 2,990,625.00 $ 2,965,500.00 $ 9,000,000.00 $ 2,974,650.00 $ 2,965,500.00 $ 1,994,720.00 $ 2,911,377.00 $ 2,980,770.00 $ 14,000,000.00 $ 2,988,827.10 $ 2,986,890.00 $ 2,984,250.00 $ 2,978,460.00 $ 12,000,000.00 $ 2,971,350.00 $ 2,000,000.00 $ 2,942,490.00 $ 8,000,000.00 $ 1,990,140.00 $ 1,977,780.00 $ 1,973,757.70 $ 2,996,100.00 $ 2,942,910.00 $ 12,000,000.00 $ 3,000,000.00 $ 2,998,260.00 $ 2,973,210.00 $ 2,999,062.50 $ 12,000,000.00 $ 2,977,620.00 $ 2,000,000.00 $ 2,971,640.63 $ 2,974,620.00 $ 11,000,000.00 $ 1,985,500.00 $ 1,990,340.00 $ 2,983,890.00 $ 2,973,281.25 $ 2,974,620.00 $ 13,000,000.00 $ 3,000,000.00 $ 2,984,100.00 $ 2,994,375.00 $ 9,000,000.00 $ 2,987,700.00 $ 3,000,000.00 $ 2,978,430.00 $ 2,981,250.00 $ 12,000,000.00 $ 2,996,250.00 $ 3,000,000.00 $ 2,995,770.00 $ 3,000,000.00 $ 2,999,550.00 $ 2,999,670.00 $ 2,999,160.00 $ 9,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 12,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,995,410.00 $ 3,000,000.00 $ 15,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 18,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 9,000,000.00 19 $ 3,000,000.00 $ 3,000,000.00 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2020 Regions Bank Money Market Regions Lockbox Accounts TD Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market FL STAR FL CLASS - SOCC Funds Total General Cash 1L Equivalents - Unrestricted Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Note 9128285Q95 2.750% 11/30/18 11/30/20 Total Restricted Bond Reserve - adjusted for fair market value Restricted Cash - Landfill FL CLASS -Landfill Closure 8: Postclosure Reserves Total Pooled Cash S Equivalents Restricted Cash - Health Insurance TD Bank - BCBS Claims Account Total Restricted Cash - Health Insurance - - Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 0.42 2.836% $1,045,000.00 2 oft $27,080,987.38 $2,259,950.84 $28,898,400.51 $32,821,471.96 $20,931,805.87 $8,212,483.36 $5,014,830.16 $29,579,401.57 $ 401,377,201.83 $ 115,650.22 $1,056,108.35 $ 1,171,758.57 $ 6,499,373.94 $ 409,048,334.34 $745,651.41 $745,651.41 $356,554.60 $ 410,150,540.35 20 06/30/20 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FHLMC Callable 3134GVJP4 1.125% 04/08/20 10/07/22 2.27 1.129% $ 3,000,000.00 $ 2,999,700.00 FFCBCallable 3133ELWRl 0.875% 04/20/20 10/20/22 2.31 . 0.875% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Sub Total- General Investments $ 248,000,000.00 $ 246,577,870.18 $ 248,000,000.00 Regions Bank Money Market Regions Lockbox Accounts TD Bank Checking Account BankUnited Money Market Valley National Bank Government Interest Checking Marine Bank Business Money Market FL STAR FL CLASS - SOCC Funds Total General Cash 1L Equivalents - Unrestricted Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve Treasury Note 9128285Q95 2.750% 11/30/18 11/30/20 Total Restricted Bond Reserve - adjusted for fair market value Restricted Cash - Landfill FL CLASS -Landfill Closure 8: Postclosure Reserves Total Pooled Cash S Equivalents Restricted Cash - Health Insurance TD Bank - BCBS Claims Account Total Restricted Cash - Health Insurance - - Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 0.42 2.836% $1,045,000.00 2 oft $27,080,987.38 $2,259,950.84 $28,898,400.51 $32,821,471.96 $20,931,805.87 $8,212,483.36 $5,014,830.16 $29,579,401.57 $ 401,377,201.83 $ 115,650.22 $1,056,108.35 $ 1,171,758.57 $ 6,499,373.94 $ 409,048,334.34 $745,651.41 $745,651.41 $356,554.60 $ 410,150,540.35 20 Schedule 3 Indian River County Portfolio By Maturity Date June 30, 2020 $300,000,000 $281,407,663 $250,000,000 $200,000,000 $150,000,000 $107,743,177 $100,000,000 $50,000,000 $20,999,700 0-12 Months 13-24 Months 25-36 Months Total Portfolio $410,150,540 21 Schedule 4 Indian River County Portfolio By Type June 30, 2020 FL CLASS 8.82% UT Reserve 0.29% - Treasury Notes 24.70% Regions Bank 7.17% Valley Natl Bank 5.12% TD Bank Checking 7.07% 7.79% FHLMC 13.18% 22 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending June 30, 2020 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FFCB Callable 0.950% 04/08/20 10/08/20 04/08/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 1.129% 04/08/20 07/07/20 10/07/22 $ 3,000,000.00 $ 2,999,700.00 FHLMC Callable 0.625% 04/20/20 10/20/20 04/20/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.875% 04/20/20 07/20/20 10/20/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.500% 04/27/20 10/27/20 04/27/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.500% 04/28/20 07/28/20 04/28/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.300% 05/05/20 05/05/21 05/05/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.300% 05/08/20 11/06/20 05/06/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.250% 05/11/20 05/11/21 05/11/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.350% 05/11/20 08/11/20 08/11/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 0.237% 05/18/20 05/18/22 $ 3,000,000.00 $ 2,995,410.00 FHLMC Callable 0.310% 05/21/20 05/19/21 08/19/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.270% 05/21/20 05/19/21 05/19/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.280% 06/02/20 06/21/21 06/02/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.200% 06/08/20 09/08/20 09/08/21 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.280% 06/08/20 06/08/21 06/08/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.300% 06/17/20 06/17/21 06/17/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.330% 06/22/20 12/22/20 06/22/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 0.350% 06/22/20 12/22/20 09/22/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.210% 06/23/20 06/23/21 09/23/20 $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 0.183% 06/29/20 06/10/20 06/29/21 $ 3,000,000.00 $ 2,998,260.00 FHLB Callable 0.300% 06/30/20 09/30/20 06/30/22$ 3,0000.00 $ 3,000,000.00 22 $ 66 0020:2066 .00 $ 65 993 370.00 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value FFCB Callable 1.640% 12/11/19 04/01/20 06/11/21 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 1.694% 12/03/19 04/01/20 06/02/21 $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 2.520% 03/26/19 04/01/20 03/26/21 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 2.661% 05/10/18 04/01/20 09/21/20 $ 3,000,000.00 $ 2,910,450.00 FFCB Callable 2.655% 05/10/18 04/01/20 11/09/20 $ 3,000,000.00 $ 2,906,700.00 FFCB Callable 2.440% 04/09/19 04/09/20 04/09/21 $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 1.640% 01/13/20 04/13/20 01/13/22 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 1.857% 12/12/17 04/15/20 $ 3,000,000.00 $ 2,975,580.00 FHLMC Bullet 1.858% 11/21/17 04/20/20 $ 2,000,000.00 $ 1,977,300.00 FFCB Callable 1.740% 12/13/19 04/22/20 06/13/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 2.724% 12/10/18 04/23/20 $ 3,000,000.00 $ 2,990,970.00 FHLMC Callable 2.500% 04/29/19 04/29/20 04/29/21 $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 1.823% 11/21/17 05/01/20 $ 2,000,000.00 $ 1,978,660.00 FFCB Bullet 2.815% 12/03/18 05/05/20 $ 3,000,000.00 $ 2,997,660.00 FHLMC Callable 1.820% 11/08/19 05/08/20 11/08/21 $ 3,000,000.00 $ 3,000,000.00 FHLB - 1X Callable 1.869% 11/21/17 05/15/20 $ 2,000,000.00 $ 1,991,800.00 FHLMC Callable 1.600% 02/18/20 05/18/20 05/18/22 $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 1.750% 11/25/19 05/25/20 02/25/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 1.730% 11/27/19 05/27/20 05/27/22 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 2.535% 07/06/18 05/31/20 $ 3,000,000.00 $ 2,935,781.25 FHLMC Callable 1.750% 12/10/19 06/10/20 06/10/22 $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 2.399% 03/23/18 06/12/20 $ 2,000,000.00 $ 1,972,080.00 Treasury Note 2.340% 05/22/19 06/15/20 $ 2,000,000.00 $ 1,982,400.00 FHLMC Callable 1.770% 12/16/19 06/16/20 03/16/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.800% 03/16/20 06/16/20 06/16/21 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 0.970% 03/19/20 06/19/20 09/19/22 $ 3,000,000.00 $ 2,997,000.00 FFCB Callable 1.000% 03/23/20 06/23/20 03/23/22 $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 1.700% 12/23/19 06/23/20 03/23/22 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 1.730% 12/23/19 06/23/20 06/23/22 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 2.100% 06/24/19 06/24/20 06/24/21 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 1.000% 03/24/20 06/24/20 03/24/22 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.940% 03/30/20 06/30/20 03/30/22 $ 3,000,000.00 $ 3,000,000.00 ITreasury Note 2.500% 12/07/18 06/30/20 $ 3,000,000.00 2,988,750.00 33 92 000 000.00 91 603 631.25 Reconciliation of General Investments Only: Beginning portfolio (3/31/20) $ 272,188,131.43 Total purchased 22 securities $ 65,993,370.00 Total matured 33 securities $ (91,603,631.25 Ending portfolio for quarter 6/30/20 246 577 870.18 23 I of October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years June 30, 2020 7,860,609 Fiscal Year 2017-2018 Fiscal Year 2014-2015 Month End Bal' Net Chane Month End Bal' $ (10,422,694) $ 287,937,696 $ 19,342,864 $ 307,280,560 $ 35,786,179 $ 343,066,739 $ (285,799) $ 342,780,940 $ (2,801,802) $ 339,979,138 $ 281,107 $ 340,260,245 $ (6,111,791) $ 334,148,454 $ (4,947,796) $ 329,200,658 $ (6,122,052) $ 323,078,606 $ (8,447,944) $ 314,630,662 $ (9,274,059) $ 305,356,603 $ 864,396 $ 306,220,999 7,860,609 Fiscal Year 2017-2018 Net Change Month End Bal' $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582;545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ (6,810,637) $ 368,855,169 29,278,971 $ 15,098,062 Fiscal Year 2015-2016 Net Chane Month End Bal* Month End Bal` $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 $ (7,588,170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ 6,977,510 $ 321,319,061 $ 15,098,062 $ 10,458,944 Fiscal Year 2018-2019 Net Change Month End Bal* $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 $ (13,728,763) $ 396,423,782 $ (11,767,333) $ 384,656,449 $ (5,342,336)1 $ 379,314,113 $ 10,458,944 18,257,137 Fiscal Year 2016-2017 Net Chane Month End Bal" $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669;721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 $ (10,868,408) $ 354,480,759 $ (9,027,471) $ 345,453,288 $ (5,877,090) $ 339,576,198 18,257,137 32,700,286 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 24 Fiscal Year 2019-2020 Net Change Month End Bal* $ (9,260,244) $ 370,053,869 $ 39,158,339 $ 409,212,208 $ 47,023,081 $ 456,235,289 $ ' (6,941,131) $ 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) $ 425,561,094 $ (13,546,695) $ 412,014,399 32,700,286 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 24 �m� ax Xx NXXXXx R �R_rR����e<A88�$ x� XxXxxXXxx xXXxxxmx� 6c > Z NNNN NNN 2N NNNN��� XXXX�xXxX�xx xxNX mxeX � n XNxXx z NNA�m�� NNnrvrvNNN Nrv������� v I N Schedule 8 'Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of June 30, 2020 General Fund Special Revenue Funds Debt Service Funds Capital Project Fund Solid Waste Fund Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund. Escrow Fund Total Investments Pooled Investments $ 73,145,342 $ 92,435,124 $ (524,275) $ 91,834,072 $ 29,782,590 $ 908,925 $ 7,875,908 $ 81,583,900 $ 559,799 $ 29,519,360 $ 1,293,235 $ 3,600,419 $ 412,014,399 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes health insurance bank account utilized by Florida Blue for claims and the Section 8 HUD bank account. * GO Bonds Debt Service Fund -Transfer from General Fund to be done in last quarter for note payoff. Schedule does not include OPEB investments - see separate report. 26 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2711 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 t • compTRO 9 O� NR `ER C OtfN��l �`• TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 21, 2020 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 6/30/2020 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on August 20, 2020. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 27 b>0 x x 00 ae a ae ae a a° ae ae ae ae arae g ae C � J A C C 2 O o O O M w o ul N N m to N m N rl m 0 0 0 e1 N O O o O 0 o > N 6 uv m ~ o o u= y .y C N N O O J O " a . o g a d s m E d D c -o H H as ammlo to mno nn m n L L L L L L J c c c O O O O O m m M N 10 N of u1 w v1 ni1n N w is O O M M b o b m m m M vv rri ri ri oro ��v �010� ai rri 0 00 o.O1+v1Dinv`ri a�� �� m a M b N N N H to N �A O O O1 is O N1 Qi w V1 M l0 t0 O N O O n c M o w m M m m w a e o ••- O O M n 1D N N ti � N N M 10 O N 10 � O C ton 001 w 001 N M M M N N V? N Vf N N N N W � E 3 N Vf N N N VT VT m m m v1 m N v o 10 n� v e n O o ry ry �n v1 n m v1 -c c m m m w .+ 10 M a �n m v1 u1 a s o m M w w o w o w w to a s d d v r m E 1 1A n y M m N n w m m m w n m 0 .+ m m m m E o d E O = m F N w 0 V} N N H N N VL d N C d co o 7 cM o m o 0 o m a c C U �n N lNn C1 d m Q O = m m m M N M V1 N N n n CC C W j w w m w N O O m O N M M M !n n t0 J G W N N .n u1 1�'1 O O N I� I� tD M M T M w y C \ N N w a v N w v1 n v n a m a y a w m N N w w v1 �c o m K d m / Cr s O i Y Z a m m d q J A yJj � O Z y y o w v 0 F y« > 1n m 5 2 d o c 'n o J E m voi ri � vEi a ~Te E r y v v v v •� v v w v N E o t7 � O N O O N O V O O O C 1q, a° Z ui rV 0 CA 0 0 0 O o zpo O" d ri a t O r 9 W f W _ a b>0 x x 00 Q v c C C � J A � W � > > N 6 uv m o o u= y Y � v u u o g a d s m E D c -o H H O o fO C1 L L L L L L L L L L L L c c c c c c O O O O O O c c c O O O c c c O O O E E E E E E E E E E E E M In M M M m M M M m m M ae ae ae 10 ae ae 0 a O VQ1 e m Iq t�0 V6 o old -It w o O vl Ul m q C 0 m 0 o�aluo o. N N N N N i � � J v m 0 ao n oo N 2 E W t E �' Evrav o vi L E M 00 N JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Internal Audit Division 200016 1h Avenue Vero Beach, FL 32960 Telephone: (772) 226-3280 TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 21, 2020 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2020 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended June 30, 2019 and 2020. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 29 R o 0 0 0 0 0 �. 01 D1 DO M O ep oo N O O F M N O N O y M �O O [- O �O N 00 M kn N 0000 N O O O N r N y ^p N C\ h �o 00 69 O o (� o a e o o to 69 169 ate+ h � a0. G C ++ 0 M 0 0 0 o a o yrn��r�o0 o '-C� O M O \O \O N 110 O 110ca 00 U 67 ^y M M N O\ N y A cq N O CD O N DD O b as vl C\ — O O1 b � 69 69 69 69 69 69 R o 0 0 0 0 0 �. 01 D1 DO M O ep oo N O O F M N O N O y M �O O [- O �O N 00 M kn N 0000 N O O O N r N y ^p N C\ h �o 00 69 O o (� o a e o o to 69 169 ate+ h � a0. G C ++ 0 M M TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 24, 2020 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 06/30/20 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of June 30, 2020, the balance in the Fund is $118,825. The Clerk's office will continue to provide a quarterly report of the traffic education trust. activity. RECOMA1 ENDATION Staff recommends that the Board of County Commissioners accept the attached report. 31 V C m m V C 7 LL C U) d O) E M LL V O c o` C O C y o 0 U c W m a� Aw C y F' 7 C 1 d O C E d 10 N 691 `1'1"' O m C O w O U U (n $ � m c � a LU LA c • ❑ - � mo U ~ N M co Cl) Ln C O N (D 0 �4) y m m M ti O CL C N 7 O ~ d c C " a m a) _ n m (O NN N O m N�N 10 O � N (0 O > o o LL N N (o .- M- n v M N v ri 1n N O ao ❑ O Z U m t M CU > m 'U " ay) F 6,3. c EH w LL 5 w a z ti (i O) C6 OCL cc ooc 0)V cOl M N (00 O N LO CJ O V 7 N O } O LL CM O Of r Efl O�Go Cl Ce) V V r N M NNN (O0 V r c0 W LLC M O) fA Ef) n m CD n co N M( 100 N O (o r- n 7 N M 10 N N N Ld CD (CO M M M Cl) coO M cn LL LL O p) r fR ffl 0 n O M tp (0 In N C) n O O - r 0) O r 10M O N N N to to cO0 m Cl M O >. C LL a a uy ` Q h 0 "OTC) O O n co U) (3 O N N O n 100 O N N M M O f0 N n M M LLOc o� (» (» N LO LO r. - M v - M O O N O N t0 (0 t0 (D V (0 (v 7 h r O M LLC, O p) Efl cA to N M MfjO (0(p (0 LO O O M O N N V N V M I� N N N V > O O M LL O � M I- O O Cl) O M N N O N O M 0 O 00 0 N (0 h O O N N N 00 co 00 1) M (O N O } LL M O p) r fR EA 0) CIJ to 0 O NO N o V I� N (D C (O (0 M V M O M' N N P. (O a0 N ('� co h co . to h M u7 M O a N N O M } o O) LL 6 691 `1'1"' O m C O w O U U (n $ � m c � a LU LA c • ❑ - � mo U ~ N M m m T O 0 � T c m C O d c a m a) _ n N w C m m m C WIZEC2@ W �O m 7-0 d' F N X m w m O) C m C m. Z m y m Z U m t M CU > m 'U " ay) F d a ~ c O c w LL 5 w a z ti (i 691 `1'1"' O m C O w O U U (n $ � m c � a LU LA c • ❑ - � mo U ~ N M JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 20, 2020 � GOMPT 9 O �yR�YFR COUNY{fes SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 14, 2020 to August 20, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 14, 2020 to August 20, 2020. 33 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 398333 08/20/2020 UTIL REFUNDS 28.43 398334 08/20/2020 UTI, REFUNDS 2.24 398335 08/20/2020 UTIL REFUNDS 62.25 398336 08/20/2020 UTIL REFUNDS 59.24 398337 08/20/2020 UTIL. REFUNDS 65.33 398338 08/20/2020 UTIL REFUNDS 45.90 398339 08/20/2020 UTI, REFUNDS 7728 398340 08/20/2020 UTIL REFUNDS 77.95 398341 08/20/2020 UTI, REFUNDS 44.13 398342 08/20/2020 UTIL REFUNDS 428.59 398343 08/20/2020 UTIL REFUNDS 38.32 398344 08/20/2020 UTIL REFUNDS 176.28 398345 08/20/2020 UTM REFUNDS 29.99 398346 08/20/2020 UTIL REFUNDS 30.71 398347 08/20/2020 UTIL REFUNDS 42.42 398348 08/20/2020 UTIL REFUNDS 89.46 398349 08/20/2020 UTIL REFUNDS 77.54 398350 08/20/2020 UTIL REFUNDS 170.43 398351 08/20/2020 UTIL REFUNDS 167.97 398352 08/20/2020 UTIL REFUNDS 16.52 398353 08/20/2020 UTIL REFUNDS 32.34 398354 08/20/2020 UTIL REFUNDS 25.49 398355 08/20/2020 UT1, REFUNDS 42.78 398356 08/20/2020 UTIL REFUNDS 17.51 398357 08/20/2020 UTIL REFUNDS 41.65 398358 08/20/2020 UTIL REFUNDS 482.48 398359 08/20/2020 UTI, REFUNDS 90.85 398360 08/20/2020 UTIL REFUNDS 27.96 398361 08/20/2020 UTI, REFUNDS 80.00 398362 08/20/2020 UTIL REFUNDS 84.51 398363 08/20/2020 UTIL REFUNDS 4.02 398364 08/20/2020 UTIL REFUNDS 82.12 398365 08/20/2020 UTIL REFUNDS 286.73 398366 08/20/2020 UTIL REFUNDS 23.58 398367 08/20/2020 UTIL REFUNDS 32.36 398368 08/20/2020 UTIL REFUNDS 40.01 398369 08/20/2020 UTIL REFUNDS 40.49 398370 08/20/2020 UTIL REFUNDS 45.43 398371 08/20/2020 UTIL REFUNDS 30.46 398372 08/20/2020 UTIL REFUNDS 138.96 398373 08/20/2020 UTIL REFUNDS 11.70 398374 08/20/2020 UTIL REFUNDS 9.42 398375 08/20/2020 UTIL REFUNDS 57.03 398376 08/20/2020 UTI, REFUNDS 33.21 398377 08/20/2020 UTIL REFUNDS 11.10 398378 08/20/2020 UTI, REFUNDS 5.57 398379 08/20/2020 UTIL REFUNDS 64.00 398380 08/20/2020 UTIL REFUNDS 67.12 398381 08/20/2020 UTIL REFUNDS 72.48 398382 08/20/2020 UTIL REFUNDS 1.56 398383 08/20/2020 UTIL REFUNDS 89.46 398384 08/20/2020 UTIL REFUNDS 7.04 398385 08/20/2020 UTIL REFUNDS 51.96 398386 08/20/2020 UTIL REFUNDS 89.99 398387 08/20/2020 UTIL REFUNDS 54.15 398388 08/20/2020 UTIL REFUNDS 32.56 398389 08/20/2020 UTIL REFUNDS 94.33 398390 08/20/2020 UTIL REFUNDS 79.24 34 TRANS NBR DATE VENDOR AMOUNT 398391 08/20/2020 UTIL REFUNDS 7.71 398392 08/20/2020 UTIL REFUNDS 568.16 398393 08/20/2020 UTIL REFUNDS 51.88 398394 08/20/2020 UTIL REFUNDS 51.29 398395 08/20/2020 UTII., REFUNDS 27.33 398396 08/20/2020 UTI, REFUNDS 74.64 398397 08/20/2020 UTIL REFUNDS 74.51 398398 08/20/2020 UTIL REFUNDS 66.69 398399 08/20/2020 UTIL REFUNDS 62.09 398400 08/20/2020 UTIL REFUNDS 28.55 398401 08/20/2020 UTI, REFUNDS 38.26 398402 08/20/2020 UTIL REFUNDS 40.72 398403 08/20/2020 UTIL REFUNDS 109.48 398404 08/20/2020 UTIL REFUNDS 73.45 398405 08/20/2020 UTIL REFUNDS 101.18 398406 08/20/2020 UTIL REFUNDS 27.52 398407 08/20/2020 UTIL REFUNDS 91.10 398408 08/20/2020 UTIL REFUNDS 16.85 398409 08/20/2020 UTIL REFUNDS 7.42 398410 08/20/2020 UTIL REFUNDS 77.03 398411 08/20/2020 UTIL REFUNDS 29.44 398412 08/20/2020 UTIL REFUNDS 6.24 398413 08/20/2020 UTIL REFUNDS 50.14 398414 08/20/2020 UTI, REFUNDS 135.82 398415 08/20/2020 UTIL REFUNDS 69.59 398416 08/20/2020 UTI, REFUNDS 56.92 398417 08/20/2020 UTIL REFUNDS 38.34 398418 08/20/2020 UTIL REFUNDS 77.97 398419 08/20/2020 UTIL REFUNDS 11.30 398420 08/20/2020 UTI, REFUNDS 2.57 398421 08/20/2020 UTIL REFUNDS 27.90 398422 08/20/2020 UTIL REFUNDS 21.35 398423 08/20/2020 UTEL REFUNDS 74.31 398424 08/20/2020 UTII, REFUNDS 65.30 398425 08/20/2020 UTI, REFUNDS 68.06 398426 08/20/2020 UTI, REFUNDS 71.93 398427 08/20/2020 UTIL REFUNDS 77.80 398428 08/20/2020 UTIL REFUNDS 63.04 398429 08/20/2020 UTIL REFUNDS 89.56 398430 08/20/2020 UTIL REFUNDS 74.84 398431 08/20/2020 UTIL REFUNDS 46.66 398432 08/20/2020 UTIL REFUNDS 36.86 398433 08/20/2020 UTIL REFUNDS 42.86 398434 08/20/2020 UTI, REFUNDS 46.40 398435 08/20/2020 UTI, REFUNDS 19.95 398436 08/20/2020 UTIL REFUNDS 17.86 398437 08/20/2020 UTIL REFUNDS 28.83 398438 08/20/2020 UTI, REFUNDS 82.26 398439 08/20/2020 UTII, REFUNDS 38.48 398440 08/20/2020 UTI, REFUNDS 85.82 398441 08/20/2020 UTIL REFUNDS 151.43 . 398442 08/20/2020 UTIL REFUNDS 86.23 398443 08/20/2020 UTIL REFUNDS 46.23 398444 08/20/2020 UTIL REFUNDS 85.28 398445 08/20/2020 UTI, REFUNDS 26.86 398446 08/20/2020 UTIL REFUNDS 26.89 398447 08/20/2020 UTIL REFUNDS 23.57 398448 08/20/2020 UTIL REFUNDS 32.80 398449 08/20/2020 UT11L REFUNDS 44.22 398450 08/20/2020 UTIL REFUNDS 86.20 35 TRANS NBR DATE VENDOR AMOUNT 398451 08/20/2020 UTIL REFUNDS 38.14 398452 08/20/2020 UTIL REFUNDS 30.63 398453 08/20/2020 UTIL REFUNDS 56.70 398454 08/20/2020 AMANDA KOCH 220.00 398455 08/20/2020 PORT CONSOLIDATED INC 1,010.23 398456 08/20/2020 COMMUNICATIONS INTERNATIONAL 3,188.62 398457 08/20/2020 SSES INC 5,034.09 398458 08/20/2020 TEN -8 FIRE EQUIPMENT INC 5,842.72 398459 08/20/2020 RANGER CONSTRUCTION IND INC 428.84 398460 08/20/2020 VERO CHEMICAL DISTRIBUTORS INC 736.59 398461 08/20/2020 RICOH USA INC 109.44 398462 08/20/2020 SAFETY PRODUCTS INC 1,764.45 398463 08/20/2020 AT&T WIRELESS 1,347.57 398464 08/20/2020 DATA FLOW SYSTEMS INC 4,222.00 398465 08/20/2020 GRAINGER 2,276.91 398466 08/20/2020 GRAYBAR ELECTRIC 250.88 398467 08/20/2020 MCMASTER CARR SUPPLY CO 26.71 398468 08/20/2020 HACH CO 3,311.64 398469 08/20/2020 SLP INVESTMENTS INC 1,825.00 398470 08/20/2020 JIMMYS TREE SERVICE 950.00 398471 08/20/2020 PETES CONCRETE 3,100.00 398472 08/20/2020 ECOTECH CONSULTANTS INC 3,324.00 398473 08/20/2020 EXPRESS REEL GRINDING INC 3,500.00 398474 08/20/2020 MOTION INDUSTRIES INC 1,307.06 398475 08/20/2020 PARAGON ELECTRIC INC 8,126.22 398476 08/20/2020 EDLUND DRITENBAS BINKLEYARCHITECTS 4,000.00 398477 08/20/2020 BAKER & TAYLOR INC 1,681.16 398478 08/20/2020 MID -STATE MECHANICAL OF VERO BEACH INC 6,468.00 398479 08/20/2020 K & M ELECTRIC SUPPLY 6.78 398480 08/20/2020 PALM TRUCK CENTERS INC 156.56 398481 08/20/2020 JIMMYS AIR & REFRIGERATION INC 95.00 398482 08/20/2020 SOFTWARE HARDWARE INTEGRATION 65,559.92 398483 08/20/2020 CLERK OF CIRCUIT COURT 1,706.85 398484 08/20/2020 CITY OF VERO BEACH 2,246.19 398485 08/20/2020 LANDIA INC 20,157.00 398486 08/20/2020 FLORIDA DEPT OF TRANSPORTATION 50.56 398487 08/20/2020 JANITORIAL DEPOT OF AMERICA INC 148.00 398488 08/20/2020 PUBLIX SUPERMARKETS 49.45 398489 08/20/2020 WAL MART STORES EAST LP 53.77 398490 08/20/2020 ACUSHNET COMPANY 1,787.22 398491 08/20/2020 INTERNATIONAL GOLF MAINTENANCE INC 990.00 398492 08/20/2020 GEOSYNTEC CONSULTANTS INC 5,000.00 398493 08/20/2020 TYLER TECHNOLOGIES INC 1,400.00 398494 08/20/2020 TIMOTHY ROSE CONTRACTING INC 204,182.24 398495 08/20/2020 CALLAWAY GOLF SALES COMPANY 9,019.00 398496 08/20/2020 SUBSTANCE AWARENESS COUNCIL OF IRC INC 57.00 398497 08/20/2020 FLORIDA POWER AND LIGHT 26,285.37 398498 08/20/2020 FLORIDA POWER AND LIGHT 5,166.75 398499 08/20/2020 PUBLIC DEFENDER 6,851.45 398500 08/20/2020 TAYLOR MADE GOLF CO INC 589.02 398501 08/20/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 8,507.62 398502 08/20/2020 STATE ATTORNEY 11,924.04 398503 08/20/2020 CITY OF FELLSMERE 90.28 398504 08/20/2020 PEACE RIVER ELECTRIC COOP INC 251.96 398505 08/20/2020 NEW HORIZONS OF THE TREASURE COAST 26,657.00 398506 08/20/2020 KENNETH CAMPBELL SENIOR 175.00 398507 08/20/2020 SUNSHINE STATE ONE CALL OF FL INC 1,097.00 398508 08/20/2020 LANGUAGE LINE SERVICES INC 87.61 398509 08/20/2020 TROY FAIN INSURANCE INC 108.00 398510 08/20/2020 IRC HEALTHY START COALITION INC 2,500.00 36 TRANS NBR DATE VENDOR AMOUNT 398511 08/20/2020 IRC HEALTHY START COALITION INC 833.34 398512 08/20/2020 BE SAFE SECURITY ALARMS INC 354.70 398513 08/20/2020 ESRI INC 5,600.00 398514 08/20/2020 INDIAN RIVER FARMS WATER CNTRL DIST 250.00 398515 08/20/2020 INDIAN RIVER FARMS WATER CNTRL DIST 1,177.50 398516 08/20/2020 INDIAN RIVER FARMS WATER CNTRL DIST 1,782.50 398517 08/20/2020 ARNOLD AIR CONDITONING INC 5,158.00 398518 08/20/2020 OSCEOLA COUNTY 10,843.93 398519 08/20/2020 CHILDRENS HOME SOCIETY OF FL 1,750.00 398520 08/20/2020 TLC DIVERSIFIED INC 13,104.00 398521 08/20/2020 BANK OF NEW YORK 1,787.50 398522 08/20/2020 SEBASTIAN RIVER WATER CONTROL DIST 1,500.00 398523 08/20/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 26,131.17 398524 08/20/2020 SHRIEVE CHEMICAL CO 8,306.12 398525 08/20/2020 GATOR'S SOD INC 340.00 398526 08/20/2020 TRANE US INC 48,905.00 398527 08/20/2020 CELICO PARTNERSHIP 3,861.78 398528 08/20/2020 FLORIDA DEPT OF JUVENILE JUSTICE 30,532.00 398529 08/20/2020 ELECTRONIC ACCESS SPECIALIST 347.10 398530 08/20/2020 SYNAGRO-WWT INC 72,034.22 398531 08/20/2020 FLORIDA RURAL LEGAL SERVICES INC 2,624.52 398532 08/20/2020 SOUTHERN JANITOR SUPPLY INC 2,968.88 398533 08/20/2020 MASTELLER & MOLER INC 22,670.00 398534 08/20/2020 ORCHID ISLAND PROPERTY MGMT II INC 2,850.00 398535 08/20/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,041.40 398536 08/20/2020 JOHNNY B SMITH 250.00 398537 08/20/2020 CHARLES A WALKER 175.00 398538 08/20/2020 CEMEX INC 242.04 398539 08/20/2020 VERO BEACH BROADCASTERS LLC 4,212.00 398540 08/20/2020 KWACKS INC 975.00 398541 08/20/2020 NICOLACE MARKETING INC 1,195.00 398542 08/20/2020 T C ENTERPRISE 19,130.00 398543 08/20/2020 FEED THE LAMBS ENRICHMENT PROGRAM INC 327.60 398544 08/20/2020 RAINBOW GROUP LLC 318.00 398545 08/20/2020 LARIAT ENTERPRISES INC 188.45 398546 08/20/2020 RODRIGO PENALOZA 2,600.00 398547 08/20/2020 FLORIDA ARMATURE WORKS INC 9,961.06 398548 08/20/2020 KEITH GROCHOLL 100.00 398549 08/20/2020 ORLANDO FREIGHTLINER INC 581.15 398550 08/20/2020 VERO BEACH PARTNERSHIP 2,160.00 398551 08/20/2020 WILD TURKEY ESTATES OF VERO LLC 1,746.24 398552 08/20/2020 REPROGRAPHIC SOLUTIONS INC 3.60 398553 08/20/2020 MKI SERVICES INC 41,500.00 398554 08/20/2020 CARDINAL HEALTH 110 INC 285.65 398555 08/20/2020 MUNICIPAL EMERGENCY SERVICES INC 388.44 398556 08/20/2020 ALEX MIKLO 100.00 398557 08/20/2020 BURNETT LIME CO INC 9,553.60 398558 08/20/2020 W&G MAINTENANCE 9,490.00 398559 08/20/2020 SOUTHERN MANAGEMENT LLC 1,309.87 398560 08/20/2020 STEWART & STEVENSON FDDA LLC 23,911.69 398561 08/20/2020 CHEMTRADE CHEMICALS CORPORTATION 8,588.04 398562 08/20/2020 SAMBA HOLDINGS INC 1,597.67 398563 08/20/2020 MARKETING SPECIALTIES OF GEORGIA LLC 1,221.51 398564 08/20/2020 PIERCE GOODWIN ALEXANDER & LINVILLE INC 2,361.75 398565 08/20/2020 NAPIER & ROLLIN PLLC 220.00 398566 08/20/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 963.27 398567 08/20/2020 SYLIVIA MILLER 735.00 398568 08/20/2020 HAWKINS INC 978.75 398569 08/20/2020 CATHEDRAL CORPORATION 810.10 398570 08/20/2020 UNIFIRST CORPORATION 2,193.05 37 TRANS NBR DATE VENDOR AMOUNT 398571 08/20/2020 JAY AMMON ARCHITECT INC 9,939.25 398572 08/20/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 3,799.99 398573 08/20/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 206.90 398574 08/20/2020 GOTTA GO GREEN ENTERPISES INC 213.36 398575 08/20/2020 BARSALOU VENTURES LLC 188.96 398576 08/20/2020 ADVANCE STORES COMPANY INCORPORATED 72.24 398577 08/20/2020 WURTH USA INC 719.00 398578 08/20/2020 EDWARD ILLIDGE 50.00 398579 08/20/2020 COVERALL NORTH AMERICA INC 2,230.00 398580 08/20/2020 MATHESON TRI-GAS INC 11,371.44 398581 08/20/2020 ROBERT O RICHARDSON 111 100.00 398582 08/20/2020 COLE AUTO SUPPLY INC 796.68 398583 08/20/2020 RHOADES AIR & HEAT 4,874.00 398584 08/20/2020 HARAKH INC 350.00 398585 08/20/2020 CORE & MAIN LP 595.00 398586 08/20/2020 WOERNER AGRIBUSINESS LLC 267.00 398587 08/20/2020 ABISCOM INC 294.67 398588 08/20/2020 SOUTHEAST TEST COMPANY 629.99 398589 08/20/2020 GYRO-TRAC CORPORATION 17,500.00 398590 08/20/2020 COASTAL WATERWAYS DESIGN & ENGINEERING LLC 5,020.00 398591 08/20/2020 TETRA TECH INC 3,706.02 398592 08/20/2020 VELMAXXX ENTERPRISES INC 217.82 398593 08/20/2020 JOSH BINAFIF ALUMINUM LLC 200.00 398594 08/20/2020 GRANICUS INC 15,000.00 398595 08/20/2020 AMAZON CAPITAL SERVICES INC 803.83 398596 08/20/2020 TREASURE COAST PLUMBING LLC 427.25 398597 08/20/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 1,800.00 398598 08/20/2020 PIRATE PEST CONTROL LLC 69.00 398599 08/20/2020 CALITEN LLC 36.61 398600 08/20/2020 HOPPING GREEN & SAMS PA 2,647.01 398601 08/20/2020 BANYAN RECYCLING INC 210.00 398602 08/20/2020 JORDAN POWER EQUIPMENT CORP 794.27 398603 08/20/2020 DEANGELO BROTHERS LLC 1,875.00 398604 08/20/2020 LIBERTY TIRE RECYCLING LLC 2,588.56 398605 08/20/2020 PC SOLUTIONS & INTEGRATION INC 26,493.78 398606 08/20/2020 AUTOMATED METAL PRODUCTS INC 1,250.00 398607 08/20/2020 MULLINAX FORD OF VERO BEACH 622.78 398608 08/20/2020 R&S RADIO LLC 1,100.00 398609 08/20/2020 GATEWAY SERVICES USA LLC 99.00 398610 08/20/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,768.67 398611 08/20/2020 XGD SYSTEMS LLC . 55,579.89 398612 08/20/2020 TELEFLEX LLC 4,400.00 398613 08/20/2020 MT CAUSLEY LLC 17,908.00 398614 08/20/2020 BLUE GOOSE CONSTRUCTION LLC 3,239.44 398615 08/20/2020 BLUE GOOSE CONSTRUCTION LLC 165,978.19 398616 08/20/2020 STAPLES INC 337.35 398617 08/20/2020 LOWES COMPANIES INC 3,428.04 398618 08/20/2020 PEOPLEREADY INC 12,959.80 398619 08/20/2020 SMI TRADING LLC 167.13 398620 08/20/2020 KELE INC 343.14 398621 08/20/2020 CHRIS ZAVESKY 150.00 398622 08/20/2020 ROBERT A HUDSON 100.00 398623 08/20/2020 CONSOR ENGINEERS LLC 105,787.49 398624 08/20/2020 LARRY SCHLITT CONSTRUCTION INC 26,754.00 398625 08/20/2020 THEODORE SEMI 175.00 398626 08/20/2020 CARLON INC 474.00 398627 08/20/2020 HP INC 969.00 398628 08/20/2020 BRITTON INDUSTRIES INC 657.93 398629 08/20/2020 THREE D'S TRACTOR SERVICE LLC 500.00 398630 08/20/2020 LUISA LIZARRALDE 50.00 38 TRANS NBR DATE VENDOR AMOUNT 398631 08/20/2020 KIMBERLY LUGLI 215.73 398632 08/20/2020 GEORGE WILLIAMS 94.70 398633 08/20/2020 MARCILLA A YORKS 4,115.00 398634 08/20/2020 AMBROSIA ENTERPRISE INC 5,000.00 398635 08/20/2020 GERARDO FULCHINI 5,000.00 398636 08/20/2020 WABASSO BEACH & SURF ZONE INC 5,000.00 398637 08/20/2020 FOODS OF AMALFI 5,000.00 398638 08/20/2020 BEACH BITES LLC 5,000.00 398639 08/20/2020 BDI MARINE & SITE CONTRACTOR 337.80 398640 08/20/2020 CHRIS NEVILLE 128.40 398641 08/20/2020 UTIL REFUNDS 31.07 398642 08/20/2020 UTIL REFUNDS 35.61 398643 08/20/2020 UTIL REFUNDS 84.62 398644 08/20/2020 UTIL REFUNDS 44.24 398645 08/20/2020 UTIL REFUNDS 168.10 398646 08/20/2020 UTIL REFUNDS 20.58 398647 08/20/2020 UTIL REFUNDS 43.25 398648 08/20/2020 UTIL REFUNDS 43.19 398649 08/20/2020 UTIL REFUNDS 31.92 398650 08/20/2020 UTIL REFUNDS 582.41 398651 08/20/2020 UTIL REFUNDS 34.48 398652 08/20/2020 UTIL REFUNDS 80.25 398653 08/20/2020 UTIL REFUNDS 44.58 398654 08/20/2020 UTIL REFUNDS 81.84 398655 08/20/2020 UTIL REFUNDS 48.07 398656 08/20/2020 UTIL REFUNDS 328.94 398657 08/20/2020 UTIL REFUNDS 61.18 398658 08/20/2020 UTIL REFUNDS 34.57 398659 08/20/2020 UTIL REFUNDS 60.43 398660 08/20/2020 UTIL REFUNDS 9.69 398661 08/20/2020 UTIL REFUNDS 7.62 398662 08/20/2020 UTIL REFUNDS 19.21 398663 08/20/2020 UTIL REFUNDS 29.79 398664 08/20/2020 UTIL REFUNDS 87.76 398665 08/20/2020 UTIL REFUNDS 11.90 398666 08/20/2020 UTIL REFUNDS 244.79 398667 08/20/2020 UTIL REFUNDS 81.07 398668 08/20/2020 UTIL REFUNDS 52.93 398669 08/20/2020 UTIL REFUNDS 45.98 398670 08/20/2020 UTIL REFUNDS 108.28 398671 08/20/2020 UTIL REFUNDS 38.92 398672 08/20/2020 UTIL REFUNDS 42.09 398673 08/20/2020 UTIL REFUNDS 51.50 398674 08/20/2020 UTIL REFUNDS 39.52 398675 08/20/2020 UTIL REFUNDS 342.60 398676 08/20/2020 UTIL REFUNDS 19.00 398677 08/20/2020 UTIL REFUNDS 1,034.47 398678 08/20/2020 UTIL REFUNDS 76.89 398679 08/20/2020 UTIL REFUNDS 22.97 398680 08/20/2020 UTIL REFUNDS 39.81 Grand Total: 1,447,282.26 39 TRANS NBR 900692 900693 900694 900695 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN DATE VENDOR 08/20/2020 RIVER PARK ASSOCIATES LIMITED 08/20/2020 PELICAN ISLES LP 08/20/2020 SUNCOAST REALTY & RENTAL MGMT LLC 08/20/2020 FOUNDATION FOR AFFORDABLE RENTAL AMOUNT 377.00 359.00 491.00 400.00 1,627.00 40 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017005 08/18/2020 AT&T CORP 813.74 1017006 08/18/2020 OFFICE DEPOT INC 1,077.55 1017007 08/18/2020 WASTE MANAGEMENT INC OF FLORIDA 1,828.62 1017008 08/20/2020 PARKS RENTAL & SALES INC 198.00 1017009 08/20/2020 COLD AIR DISTRIBUTORS WAREHOUSE 445.07 1017010 08/20/2020 INDIAN RIVER BATTERY 51.45 1017011 08/20/2020 MEEKS PLUMBING INC 3,021.90 1017012 08/20/2020 ALLIED UNIVERSAL CORP 4,997.43 1017013 08/20/2020 IRRIGATION CONSULTANTS UNLIMITED INC 976.04 1017014 08/20/2020 FIRST HOSPITAL LABORATORIES INC 35.00 1017015 08/20/2020 COMO OIL COMPANY OF FLORIDA 1,02395 1017016 08/20/2020 RECHTIEN INTERNATIONAL TRUCKS 1,722.81 1017017 08/20/2020 L&L DISTRIBUTORS 150.70 1017018 08/20/2020 STAT MEDICAL DISPOSAL INC 550.00 1017019 08/20/2020 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1017020 08/20/2020 NEXAIR LLC 72.50 1017021 08/20/2020 EFE INC 536.98 1017022 08/20/2020 PACE ANALYTICAL SERVICES LLC 8,356.50 Grand Total: 25,943.24 41 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7867 08/14/2020 KIMLEY HORN & ASSOC INC 16,178.25 7868 08/14/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,330.00 7869 08/14/2020 VETERANS COUNCIL OF I R C 4,158.26 7870 08/14/2020 SCHOOL DISTRICT OF I R COUNTY 120,842.00 7871 08/14/2020 MUTUAL OF OMAHA 2,331.00 7872 08/14/2020 VEROTOWN LLC 77,541.13 7873 08/14/2020 RX BENEFITS INC 2,130.00 7874 08/14/2020 APTIM CORP 47,315.24 7875 08/17/2020 IRS -PAYROLL TAXES 7,296.76 7876 08/17/2020 RX BENEFITS INC 300,764.11 7877 08/18/2020 WRIGHT EXPRESS FSC 18,574.27 7878 08/18/2020 INDIAN RIVER COUNTY SHERIFF 1,018.60 7879 08/18/2020 HUMANE SOCIETY 41,490.00 7880 08/18/2020 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 196,782.00 7881 08/19/2020 CULTURAL COUNCIL OF IRC 3,204.11 Grand Total: 850,955.73 42 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 27, 2020 1 4� �QQMptR0 ci �► A a�w COUTO F.. SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 21, 2020 to August 27, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 21, 2020 to August 27, 2020. 43 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 398681 08/21/2020 UNITED WAY OF INDIAN RIVER COUNTY 683.00 398682 08/21/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,902.20 398683 08/21/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 398684 08/21/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 398685 08/21/2020 NORTH CAROLINA CHILD SUPPORT 105.69 398686 08/21/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 398687 08/21/2020 TX CHILD SUPPORT SDU 163.85 398688 08/26/2020 PAUL CARONE 5,316.00 398689 08/26/2020 WILLIE C REAGAN 2,354.00 398690 08/26/2020 TREASURE COAST HOMELESS SERVICES 10,603.01 398691 08/26/2020 LARRY STALEY 639.00 398692 08/26/2020 DAVID SPARKS 1,407.00 398693 08/26/2020 THE PALMS AT VERO BEACH 2,355.00 398694 08/26/2020 ARTHUR PRUETT 756.00 398695 08/26/2020 MICHAEL JAHOLKOWSKI 547.00 398696 08/26/2020 STEVEN RENNICK 661.00 398697 08/26/2020 ROBERT L BRACKETT 780.00 398698 08/26/2020 SUNCOAST REALTY & RENTAL MGMT LLC 641.00 398699 08/26/2020 PAMELA R CUMMINGS 689.00 398700 08/26/2020 SYLVESTER MC INTOSH 635.00 398701 08/26/2020 OKEECHOBEE PARTNERS LLC 807.00 398702 08/26/2020 MISS INC OF THE TREASURE COAST 1,748.00 398703 08/26/2020 DANIEL CORY MARTIN 2,419.00 398704 08/26/2020 FIVE STAR PROPERTY HOLDING LLC 830.00 398705 08/26/2020 VAL APTS LLC 852.00 398706 08/26/2020 AUGUSTUS B FORT JR 641.00 398707 08/26/2020 H&H SHADOWBROOK LLC 657.00 398708 08/26/2020 VERO BEACH PLACE LLC 2,133.00 398709 08/26/2020 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,829.00 398710 08/26/2020 ALIX DENEAU 750.00 398711 08/26/2020 NKW PIP HOLDINGS I LLC 3,166.00 398712 08/26/2020 RANDY BETHEL 751.00 398713 08/26/2020 BRANDON ROUER 2,166.00 398714 08/26/2020 HUDSON CONSULTING & MANAGEMENT LLC 868.00 398715 08/26/2020 HAMID SILMANE 750.00 398716 08/26/2020 PAMELA CHAVEZ 744.00 398717 08/26/2020 PHILIPPE ALEXANDER 700.00 398718 08/26/2020 STANLEY L JENNINGS 762.00 398719 08/26/2020 SHARON P BRENNAN 661.00 398720 08/26/2020 CORNELIA H LAHEY 1,126.00 398721 08/26/2020 IXORIA LLC 711.00 398722 08/26/2020 DEEP REAL ESTATE INC 487.00 398723 08/26/2020 SHAUNA WALGRAVE 950.00 398724 08/26/2020 A PLUS PROPERTY MANAGEMENT INC 4,164.00 398725 08/26/2020 ORCHARD GROVE VENTURE LLC 2,507.00 398726 08/26/2020 GEORGIA KING LLC 757.00 398727 08/26/2020 BREGO PROPERTIES LLC 950.00 398728 08/26/2020 BREGO PROPERTIES LLC 1,750.00 398729 08/26/2020 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 1,658.00 398730 08/26/2020 YELLOW RING HOLDINGS LLC 911.00 398731 08/26/2020 SREIT LEXINGTON CLUB LLC 3,963.00 398732 08/26/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 808.00 398733 08/26/2020 MARLBROS HOLDINGS LLC 1,036.00 398734 08/26/2020 JARROD CANNON 915.00 398735 08/27/2020 KURT STEFFEN 45.00 398736 08/27/2020 AMANDA KOCH 60.00 398737 08/27/2020 EDWARD W ARENS JR 1,260.00 398738 08/27/2020 PORT CONSOLIDATED INC 113.10 44 TRANS NBR DATE VENDOR AMOUNT 398739 08/27/2020 PERERS ENTERPRISES INC 553.23 398740 08/27/2020 RICOH USA INC 317.44 398741 08/27/2020 RICOH USA INC 299.78 398742 08/27/2020 HENRY SCHEIN INC 11464.88 398743 08/27/2020 AT&T WIRELESS 864.53 398744 08/27/2020 BRENDA DICKHART 42.00 398745 08/27/2020 E-Z BREW COFFEE & BOTTLE WATER SVC 20.00 398746 08/27/2020 GRAINGER 2,367.54 398747 08/27/2020 KELLY TRACTOR CO 1,028.01 398748 08/27/2020 VERO MARINE CENTER INC 2,488.17 398749 08/27/2020 WILD LAND ENTERPRISES INC 28.70 398750 08/27/2020 BOUND TREE MEDICAL LLC 1,503.45 398751 08/27/2020 EXPRESS REEL GRINDING INC 900.00 398752 08/27/2020 TIRESOLES OF BROWARD INC 3,722.88 398753 08/27/2020 PARAGON ELECTRIC INC 2,067.00 398754 08/27/2020 CITY ELECTRIC SUPPLY COMPANY 246.39 398755 08/27/2020 NEWMANS POWER SYSTEMS 183.75 398756 08/27/2020 DELL MARKETING LP 756.00 398757 08/27/2020 BAKER & TAYLOR INC 19.39 398758 08/27/2020 BAKER & TAYLOR INC 8,765.56 398759 08/27/2020 MIDWEST TAPE LLC 223.45 398760 08/27/2020 CENGAGE LEARNING INC 810.84 398761 08/27/2020 INDIAN RIVER COUNTY HEALTH DEPT 59,762.91 398762 08/27/2020 VICTIM ASSISTANCE PROGRAM 6,018.16 398763 08/27/2020 ROGER J NICOSIA 1,500.00 398764 08/27/2020 CITY OF VERO BEACH 1,826.73 398765 08/27/2020 CITY OF VERO BEACH 2,208.00 398766 08/27/2020 CITY OF VERO BEACH 11,675.00 398767 08/27/2020 PUBLIX SUPERMARKETS 39.99 398768 08/27/2020 PUBLIX SUPERMARKETS 25.78 398769 08/27/2020 ACUSHNET COMPANY 112.76 398770 08/27/2020 INTERNATIONAL GOLF MAINTENANCE INC 90,792.88 398771 08/27/2020 FEDERAL EXPRESS CORP 16.26 398772 08/27/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 397.38 398773 08/27/2020 MORGAN & EKLUND INC 46,166.00 398774 08/27/2020 CITY OF SEBASTIAN 82,582.33 398775 08/27/2020 CITY OF SEBASTIAN 16,542.84 398776 08/27/2020 TIMOTHY ROSE CONTRACTING INC 882.90 398777 08/27/2020 TIMOTHY ROSE CONTRACTING INC 38,547.34 398778 08/27/2020 CALLAWAY GOLF SALES COMPANY 73.80 398779 08/27/2020 FLORIDA POWER AND LIGHT 5,434.70 398780 08/27/2020 KENNETH CAMPBELL SENIOR 100.00 398781 08/27/2020 IRC HEALTHY START COALITION INC 2,500.00 398782 08/27/2020 IRC HEALTHY START COALITION INC 2,500.00 398783 08/27/2020 INDIAN RIVER FARMS WATER CNTRL DIST 100.00 398784 08/27/2020 INDIAN RIVER FARMS WATER CNTRL DIST 201.33 398785 08/27/2020 INDIAN RIVER FARMS WATER CNTRL DIST 267.50 398786 08/27/2020 INDIAN RIVER FARMS WATER CNTRL DIST 460.00 398787 08/27/2020 INDIAN RIVER FARMS WATER CNTRL DIST 700.00 398788 08/27/2020 INDIAN RIVER FARMS WATER CNTRL DIST 885.55 398789 08/27/2020 INDIAN RIVER FARMS WATER CNTRL DIST 1,335.00 398790 08/27/2020 ARNOLD AIR CONDITONING INC 323.00 398791 08/27/2020 TLC DIVERSIFIED INC 50,602.50 398792 08/27/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 22,000.00 398793 08/27/2020 ST LUCIE COUNTY BOCC 37,658.83 398794 08/27/2020 THE PALMS AT VERO BEACH 450.00 398795 08/27/2020 CINTAS CORPORATION NO 2 195.94 398796 08/27/2020 BIG BROTHERS AND BIG SISTERS 168.75 398797 08/27/2020 RECYCLE FLORIDA TODAY INC 125.00 398798 08/27/2020 COASTAL TECHNOLOGY CORPORATION 6,000.00 45 TRANS NBR DATE VENDOR AMOUNT 398799 08/27/2020 SOUTHERN JANITOR SUPPLY INC 408.53 398800 08/27/2020 MBV ENGINEERING INC 21,025.00 398801 08/27/2020 ETR LLC 1,663.28 398802 08/27/2620 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 10,766.29 398803 08/27/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 54.40 398804 08/27/2020 JOHNNY B SMITH 75.00 398805 08/27/2020 CHARLES A WALKER 50.00 398806 08/27/2020 VERO MILLWORK INC 275.00 398807 08/27/2020 FLEETBOSS G P S INC. 209.65 398808 08/27/2020 KWACKS INC 1,479.00 398809 08/27/2020 HELPING ANIMALS LIVE -OVERCOME 62.00 398810 08/27/2020 ACTS RETIREMENT -LIFE COMMUNITIES INC 21,400.96 398811 08/27/2020 FLORIDA ARMATURE WORKS INC 446.00 398812 08/27/2020 MONICA L FOLK 2,100.00 398813 08/27/2020 TREKKER TRACTOR LLC 36.69 398814 08/27/2020 OVERDRIVE INC 3,250.45 398815 08/27/2020 KEITH GROCHOLL 25.00 398816 08/27/2020 ORLANDO FREIGHTLINER INC 1,214.30 398817 08/27/2020 VERO BEACH PARTNERSHIP 800.00 398818 08/27/2020 VERO BEACH PARTNERSHIP 800.00 398819 08/27/2020 GFA INTERNATIONAL INC 11,962.50 398820 08/27/2020 REPROGRAPHIC SOLUTIONS INC 0.90 398821 08/27/2020 ALEX MIKLO 75.00 398822 08/27/2020 BURNETT LIME CO INC 3,187.80 398823 08/27/2020 PENGUIN RANDOM HOUSE LLC 23.25 398824 08/27/2020 STRAIGHT OAK LLC 36.00 398825 08/27/2020 C E R SIGNATURE CLEANING 3,600.00 398826 08/27/2020 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 398827 08/27/2020 THE TRANSIT GROUP INC 13,966.25 398828 08/27/2020 ANFIELD CONSULTING GROUP INC 10,000.00 398829 08/27/2020 CATHEDRAL CORPORATION 33,901.22 398830 08/27/2020 UNIFIRST CORPORATION 352.06 398831 08/27/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 14.67 398832 08/27/2020 AWC INC 9,243.54 398833 08/27/2020 GARY SANDELIER 375.00 398834 08/27/2020 EDWARD ILLIDGE 50.00 398835 08/27/2020 COLE AUTO SUPPLY INC 939.42 398836 08/27/2020 KONICA MINOLTA BUSINESS SOLUTIONS 434.38 398837 08/27/2020 DAYDREAMS UNIFORMS INC 504.00 398838 08/27/2020 ENVIRONMENTAL OPERATING SOLUTION INC 29,741.70 398839 08/27/2020 BOBBY ROGERS PAINTING & PRESSURE 850.00 398840 08/27/2020 CORE & MAIN LP 365,229.79 398841 08/27/2020 DJD EQUIPMENT HOLDINGS LLC 75,810.23 398842 08/27/2020 BOTTOMS UP BEVERAGE OF FLORIDA LLC 2,464.00 398843 08/27/2020 DIRECTV GROUP INC 55.82 398844 08/27/2020 AMAZON CAPITAL SERVICES INC 1,010.23 398845 08/27/2020 PIRATE PEST CONTROL LLC 730.00 398846 08/27/2020 ALL RITE WATER PURIFICATION INC 15.52 398847 08/27/2020 AMERIGAS PROPANE LP 3,566.45 398848 08/27/2020 DIGITAL GOLF TECHNOLOGIES INC 336.00 398849 08/27/2020 JORDAN POWER EQUIPMENT CORP 180.29 398850 08/27/2020 MULLINAX FORD OF VERO BEACH 179.43 398851 08/27/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 483.16 398852 08/27/2020 DESK SPINCO INC 253.08 398853 08/27/2020 INVASIVE PLANT ERADICATORS LLC 964.41 398854 08/27/2020 RICK CHEER 5.00 398855 08/27/2020 WITT O'BRIEN'S LLC 1,201.25 398856 08/27/2020 BLUE GOOSE CONSTRUCTION LLC 1,655.78 398857 08/27/2020 LOWES COMPANIES INC 1,599.37 398858 08/27/2020 PEOPLEREADY INC 520.00 46 TRANS NBR DATE VENDOR AMOUNT 398859 08/27/2020 SMI TRADING LLC 6.00 398860 08/27/2020 GOMEZ BROTHERS ENTERPRISES INC 1,737.00 398861 08/27/2020 G -TEC EQUIPMENT SERVICES LLC 1,150.00 398862 08/27/2020 CHRIS ZAVESKY 50.00 398863 08/27/2020 DEX IMAGING LLC 59.50 398864 08/27/2020 ROBERT A HUDSON 50.00 398865 08/27/2020 THEODORE SEMI 50.00 398866 08/27/2020 BRITTON INDUSTRIES INC 600.73 398867 08/27/2020 BRITTON INDUSTRIES INC 126.42 398868 08/27/2020 RANDALL J STANTON 50.00 398869 08/27/2020 SOUTH BAY BUILDERS 2,000.00 398870 08/27/2020 ORCHID ISLAND BREWERY INC 5,000.00 398871 08/27/2020 HOLLYWOOD HOLDINGS LLC 500.00 398872 08/27/2020 DENISE CONROY 47.81 398873 08/27/2020 LEONARD FINSTER 42.10 398874 08/27/2020 UTIL REFUNDS 86.01 398875 08/27/2020 UTIL REFUNDS 222.79 398876 08/27/2020 UTIL REFUNDS 39.70 398877 08/27/2020 UTIL REFUNDS 39.98 398878 08/27/2020 UTIL REFUNDS 76.64 398879 08/27/2020 UTIL REFUNDS 202.48 398880 08/27/2020 UTIL REFUNDS 80.21 398881 08/27/2020 UTIL REFUNDS 83.78 398882 08/27/2020 UTIL REFUNDS 54.45 398883 08/27/2020 UTIL REFUNDS 67.63 398884 08/27/2020 UTIL REFUNDS 67.42 398885 08/27/2020 UTIL REFUNDS 43.59 398886 08/27/2020 UTIL REFUNDS 71.40 398887 08/27/2020 UTIL REFUNDS 80.85 398888 08/27/2020 UTIL REFUNDS 77.16 398889 08/27/2020 UTIL REFUNDS 23.53 398890 08/27/2020 UTIL REFUNDS 64.21 398891 08/27/2020 UTIL REFUNDS 67.63 398892 08/27/2020 UTIL REFUNDS 38.66 398893 08/27/2020 UTIL, REFUNDS 17.51 398894 08/27/2020 UTIL REFUNDS 44.77 398895 08/27/2020 UTIL REFUNDS 41.96 398896 08/27/2020 UTIL REFUNDS 63.35 398897 08/27/2020 UTIL REFUNDS 81.07 398898 08/27/2020 UTIL REFUNDS 44.16 398899 08/27/2020 UTIL REFUNDS 74.21 398900 08/27/2020 UTIL REFUNDS 69.23 398901 08/27/2020 UTIL REFUNDS 133.31 398902 08/27/2020 UTIL REFUNDS 51.46 398903 08/27/2020 UTIL, REFUNDS 67.31 398904 08/27/2020 UTIL REFUNDS 48.69 398905 08/27/2020 UTIL REFUNDS 46.30 398906 08/27/2020 UTIL REFUNDS 75.06 398907 08/27/2020 UTIL REFUNDS 72.37 398908 08/27/2020 UTIL REFUNDS 46.88 398909 08/27/2020 UTIL REFUNDS 77.93 398910 08/27/2020 UTIL REFUNDS 39.88 398911 08/27/2020 UTIL REFUNDS 247.75 398912 08/27/2020 UTIL REFUNDS 21.35 398913 08/27/2020 UTIL REFUNDS 50.25 398914 08/27/2020 UTIL REFUNDS 932.80 398915 08/27/2020 UTIL REFUNDS 74.95 398916 08/27/2020 UTIL REFUNDS 28.80 398917 08/27/2020 UTIL REFUNDS 141.34 398918 08/27/2020 UTIL, REFUNDS 25.23 47 TRANS NBR DATE VENDOR 398919 08/27/2020 UTIL REFUNDS Grand Total: AMOUNT 14.21 1,260,725.56 .• RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900696 08/27/2020 ORCHARD GROVE VENTURE LLC 385.00 Grand Total: 385.00 49 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017023 08/24/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 1017024 08/24/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 1017025 08/24/2020 AT&T CORP 7,162.94 1017026 08/24/2020 OFFICE DEPOT INC 645.90 1017027 08/24/2020 WASTE MANAGEMENT INC OF FLORIDA 190.57 1017028 08/26/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 1017029 08/27/2020 AT&T CORP 1,796.79 1017030 08/27/2020 OFFICE DEPOT INC 421.90 1017031 08/27/2020 COMCAST 571.35 1017032 08/27/2020 WASTE MANAGEMENT INC OF FLORIDA 130.63 1017033 08/27/2020 COLD AIR DISTRIBUTORS WAREHOUSE 410.76 1017034 08/27/2020 INDIAN RIVER BATTERY 1,175.95 1017035 08/27/2020 INDIAN RIVER OXYGEN INC 156.50 1017036 08/27/2020 RING POWER CORPORATION 174.48 1017037 08/27/2020 MIKES GARAGE & WRECKER SERVICE INC 150.00 1017038 08/27/2020 APPLE INDUSTRIAL SUPPLY CO 198.84 1017039 08/27/2020 GALLS LLC 68.88 1017040 08/27/2020 MEEKS PLUMBING INC 4,086.85 1017041 08/27/2020 ABCO GARAGE DOOR CO INC 158.50 1017042 08/27/2020 ALLIED UNIVERSAL CORP 4,998.42 1017043 08/27/2020 IRRIGATION CONSULTANTS UNLIMITED INC 1,035.71 1017044 08/27/2020 GROVE WELDERS INC 4.58 1017045 08/27/2020 RECORDED BOOKS LLC 226.60 1017046 08/27/2020 FIRST HOSPITAL LABORATORIES INC 595.00 1017047 08/27/2020 RECHTIEN INTERNATIONAL TRUCKS 230.98 1017048 08/27/2020 SPINNAKER VERO INC 105.00 1017049 08/27/2020 PROTRANSMASTERS II INC 675.83 1017050 08/27/2020 AUTO PARTNERS LLC 89.07 1017051 08/27/2020 HYDRA SERVICE (S) INC 7,078.19 1017052 08/27/2020 NEXAIR LLC 42.04 1017053 08/27/2020 EFE INC 91.50 Grand Total: 33,823.76 50 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7882 08/21/2020 KIMLEY HORN & ASSOC INC 10,560.88 7883 08/21/2020 CDM SMITH INC 13,213.50 7884 08/21/2020 IRC FIRE FIGHTERS ASSOC 9,267.72 7885 08/21/2020 TEAMSTERS LOCAL UNION #769 5,172.00 7886 08/21/2020 IRC CHAMBER OF COMMERCE 16,275.00 7887 08/21/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,627.37 7888 08/21/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 63,689.35 7889 08/21/2020 NATIONAL METERING SERVICES INC 11,085.30 7890 08/21/2020 RX BENEFITS INC 221,236.97 7891 08/21/2020 SAVE ON SP LLC 7,086.25 7892 08/24/2020 FL SDU 4,754.84 7893 08/24/2020 IRS -PAYROLL TAXES 476,567.34 7894 08/24/2020 IRC CHAMBER OF COMMERCE 74,305.21 7895 08/24/2020 IRC CHAMBER OF COMMERCE 37,388.13 7896 08/25/2020 IRS -PAYROLL TAXES 110.92 7897 08/26/2020 UNITED WAY OF INDIAN RIVER COUNTY 242,750.00 7898 08/26/2020 HUMANE SOCIETY 36,000.00 7899 08/27/2020 ETR LLC 695,892.00 Grand Total: 1,932,982.78 51 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127"' Street Vero Beach, FL 32960, TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 3, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 28, 2020 to September 3, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 28, 2020 to September 3, 2020. 52 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 398920 09/03/2020 FLORIDA WATER & POLLUTION CONTROL 325.00 398921 09/03/2020 RAY BAKER 100.00 398922 09/03/2020 PORT CONSOLIDATED INC 1,818.74 398923 09/03/2020 STURGIS LUMBER & PLYWOOD CO 221.25 398924 09/03/2020 COMMUNICATIONS INTERNATIONAL 1,649.60 398925 09/03/2020 TEN -8 FIRE EQUIPMENT INC 1,270.17 398926 09/03/2020 RANGER CONSTRUCTION IND INC 852.00 398927 09/03/2020 VERO CHEMICAL DISTRIBUTORS INC 647.70 398928 09/03/2020 PALMDALE OIL COMPANY INC 26,367.20 398929 09/03/2020 RICOH USA INC 178.86 398930 09/03/2020 KIMLEY HORN & ASSOC INC 9,420.00 398931 09/03/2020 HENRY SCHEIN INC 1,325.12 398932 09/03/2020 SAFETY PRODUCTS INC 1,296.26 398933 09/03/2020 AT&T WIRELESS 1,067.74 398934 09/03/2020 SEWELL HARDWARE CO INC 75.79 398935 09/03/2020 GRAINGER 786.91 398936 09/03/2020 KELLY TRACTOR CO 1,209.78 398937 09/03/2020 GRAYBAR ELECTRIC 177.20 398938 09/03/2020 REPUBLIC SERVICES INC 518,795.00 398939 09/03/2020 TEMPLE INC 390.00 398940 09/03/2020 GAYLORD BROTHERS INC 146.25 398941 09/03/2020 HACH CO 599.50 398942 09/03/2020 CLIFF BERRY INC 709.80 398943 09/03/2020 PARKSON CORPORATION 673.93 398944 09/03/2020 KSM ENGINEERING & TESTING INC 754.60 398945 09/03/2020 BOUND TREE MEDICAL LLC 4,204.08 398946 09/03/2020 PETES CONCRETE 1,350.00 398947 09/03/2020 TIRESOLES OF BROWARD INC 21,603.90 398948 09/03/2020 PARAGON ELECTRIC INC 520.00 398949 09/03/2020 CITY ELECTRIC SUPPLY COMPANY 66.53 398950 09/03/2020 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,000.00 398951 09/03/2020 NEWMANS POWER SYSTEMS 524.95 398952 09/03/2020 BAKER & TAYLOR INC 5,108.51 398953 09/03/2020 BARNEYS PUMP INC 3,855.00 398954 09/03/2020 BRANDTS APPLIANCE SERVICE INC 49.64 398955 09/03/2020 MIDWEST TAPE LLC 460.34 398956 09/03/2020 PRIZE POSSESSIONS 513.22 398957 09/03/2020 BAKER DISTRIBUTING CO LLC 418.64 398958 09/03/2020 CENGAGE LEARNING INC 996.45 398959 09/03/2020 PALM TRUCK CENTERS INC 1,407.26 398960 09/03/2020 SUNSHINE REHABILATION CENTER OF IRC INC 1,500.00 398961 09/03/2020 PING INC 124.60 398962 09/03/2020 INDIAN RIVER COUNTY HEALTH DEPT 182.00 398963 09/03/2020 INDIAN RIVER COUNTY HEALTH DEPT 294.00 398964 09/03/2020 INDIAN RIVER COUNTY HEALTH DEPT 430.00 398965 09/03/2020 CITY OF VERO BEACH 2,194.99 398966 09/03/2020 CITY OF VERO BEACH 695.47 398967 09/03/2020 CDM SMITH INC 4,117.50 398968 09/03/2020 AT&T CORP 1,620.72 398969 09/03/2020 AT&T CORP 2,373.56 398970 09/03/2020 AT&T CORP 835.97 398971 09/03/2020 JANITORIAL DEPOT OF AMERICA INC 433.53 398972 09/03/2020 PUBLIX SUPERMARKETS 111.78 398973 09/03/2020 FLORIDA WATER & POLLUTION CONTROL 30.00 398974 09/03/2020 GEOSYNTEC CONSULTANTS INC 10,344.20 398975 09/03/2020 MORGAN & EKLUND INC 11,541.50 398976 09/03/2020 TIMOTHY ROSE CONTRACTING INC 43,503.93 398977 09/03/2020 FLORIDA POWER AND LIGHT 169,591.18 53 TRANS NBR DATE VENDOR AMOUNT 398978 09/03/2020 FLORIDA POWER AND LIGHT 28,731.07 398979 09/03/2020 TAYLOR MADE GOLF CO INC 142.27 398980 09/03/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 13,455.49 398981 09/03/2020 WASTE MANAGEMENT INC 404,063.51 398982 09/03/2020 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,676.56 398983 09/03/2020 TOCOMA RUBBER STAMP & MARKING SYSTEM 21.19 398984 09/03/2020 IRC HEALTHY START COALITION INC 4,166.66 398985 09/03/2020 BE SAFE SECURITY ALARMS INC 125.00 398986 09/03/2020 TRANSPORTATION CONTROL SYSTEMS 11,419.50 398987 09/03/2020 G K ENVIRONMENTAL INC 8,550.00 398988 09/03/2020 JOHN BROWN & SONS INC 13,275.00 398989 09/03/2020 BRIDGESTONE AMERICAS INC 1,116.07 398990 09/03/2020 ENVISIONWARE INC 15,910.00 398991 09/03/2020 SHRIEVE CHEMICAL CO 4,078.12 398992 09/03/2020 ECONOLITE CONTROL PRODUCTS INC 626.00 398993 09/03/2020 ST LUCIE COUNTY BOCC 521,488.00 398994 09/03/2020 CINTAS CORPORATION NO 2 32.09 398995 09/03/2020 U S BANK NATIONAL ASSOCIATION 944.69 398996 09/03/2020 VAN WAL INC 240.00 398997 09/03/2020 BIG BROTHERS AND BIG SISTERS 1,250.00 398998 09/03/2020 BIG BROTHERS AND BIG SISTERS 6,841.13 398999 09/03/2020 FASTENAL COMPANY 519.24 399000 09/03/2020 THE SHERWIN WILLIAMS CO 324.91 399001 09/03/2020 SOUTHERN JANITOR SUPPLY INC 3,364.40 399002 09/03/2020 GLOVER OIL COMPANY INC 51,087.08 399003 09/03/2020 GERELCOM INC 2,232.60 399004 09/03/2020 ORCHID ISLAND PROPERTY MGMT II INC 950.00 399005 09/03/2020 1 ST FIRE & SECURITY INC 115.00 399006 09/03/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,660.27 399007 09/03/2020 SUNBELT RENTALS INC 3,780.00 399008 09/03/2020 EARLY LEARNING COALITION OF INDIAN RIVER 166.62 399009 09/03/2020 SUMMERLINS MARINE CONST LLC 124,785.00 399010 09/03/2020 GLOBALSTAR USA 194.56 399011 09/03/2020 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 399012 09/03/2020 NICOLACE MARKETING INC 726.25 399013 09/03/2020 CANADY COMPANY 1,006.52 399014 09/03/2020 FORTY FOURTH ASSOCIATES, LLC 450.00 399015 09/03/2020 OVERDRIVE INC 2,879.49 399016 09/03/2020 XYLEM WATER SOLUTION USA INC 4,991.30 399017 09/03/2020 NEWSOM OIL COMPANY 603.38 399018 09/03/2020 WILD TURKEY ESTATES OF VERO LLC 820.88 399019 09/03/2020 OCEAN RESEARCH & CONSERVATION ASSOCIATION P 4,690.34 399020 09/03/2020 CARDINAL HEALTH 110 INC 959.26 399021 09/03/2020 MUNICIPAL EMERGENCY SERVICES INC 756.80 399022 09/03/2020 ADAMS FENCE 2 LLC 38,039.00 399023 09/03/2020 BURNETT LIME CO INC 6,360.20 399024 09/03/2020 STRAIGHT OAK LLC 37.90 399025 09/03/2020 CHEMTRADE CHEMICALS CORPORTATION 2,862.28 399026 09/03/2020 COAST TO COAST COMPUTER PRODUCTS INC 529.88 399027 09/03/2020 PIERCE GOODWIN ALEXANDER & LINVILLE INC 2,361.75 399028 09/03/2020 CATHEDRAL CORPORATION 480.95 399029 09/03/2020 UNIFIRST CORPORATION 921.32 399030 09/03/2020 CDA SOLUTIONS INC 3,196.88 399031 09/03/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 522.24 399032 09/03/2020 HYDROMAX USA LLC 10,095.43 399033 09/03/2020 BARSALOU VENTURES LLC 389.83 399034 09/03/2020 AWC INC 9,016.34 399035 09/03/2020 WURTH USA INC 171.78 399036 09/03/2020 WALKING TREE BREWERY LLC 5,000.00 399037 09/03/2020 MATHESON TRI -GAS INC 3,949.51 54 TRANS NBR DATE VENDOR AMOUNT 399038 09/03/2020 AQSEPTENCE GROUP INC 210.14 399039 09/03/2020 COLE AUTO SUPPLY INC 3,743.99 399040 09/03/2020 RHOADES AIR & HEAT 4,042.00 399041 09/03/2020 BRIGHT WHITE PAPER CO 339.90 399042 09/03/2020 NESTLE WATERS NORTH AMERICA 68.92 399043 09/03/2020 VEOLIA WATER TECHNOLOGIES INC 1,200.00 399044 09/03/2020 CORE & MAIN LP 11,856.21 399045 09/03/2020 STEWART MATERIALS LLC 566.70 399046 09/03/2020 DJD EQUIPMENT HOLDINGS LLC 1,204.04 399047 09/03/2020 CHANGE HEALTHCARE LLC 42,300.33 399048 09/03/2020 TETRA TECH INC 4,778.10 399049 09/03/2020 HINTERLAND GROUP INC 35,866.00 399050 09/03/2020 STATE OF FLORIDA 12,964.71 399051 09/03/2020 AMAZON CAPITAL SERVICES INC 2,773.79 399052 09/03/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 8,100.00 399053 09/03/2020 PIRATE PEST CONTROL LLC 340.00 399054 09/03/2020 KINDERGARTEN READINESS COLLABORATIVE 16,879.52 399055 09/03/2020 AMERIGAS PROPANE LP 503.78 399056 09/03/2020 JORDAN POWER EQUIPMENT CORP 368.34 399057 09/03/2020 DEANGELO BROTHERS LLC 160.00 399058 09/03/2020 LIBERTY TIRE RECYCLING LLC 2,581.09 399059 09/03/2020 MULLINAX FORD OF VERO BEACH 1,178.70 399060 09/03/2020 NATIONAL OFFICE FURNITURE INC 12,477.60 399061 09/03/2020 CONSTRUCTION MANAGEMENT OF FLORIDA INC 15,996.39 399062 09/03/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 706.88 399063 09/03/2020 DESK SPINCO INC 2,712.30 399064 09/03/2020 DESK SPINCO INC 463.83 399065 09/03/2020 FERGUSON US HOLDINGS INC 360.00 399066 09/03/2020 STAPLES INC 99.93 399067 09/03/2020 LOWES COMPANIES INC 2,174.46 399068 09/03/2020 PEOPLEREADY INC 2,612.40 399069 09/03/2020 SMI TRADING LLC 108.78 399070 09/03/2020 TAGMARSHAL INTERNATIONAL LIMITED 1,021.20 399071 09/03/2020 TECH SYSTEMS INC 8,962.23 399072 09/03/2020 CARTEGRAPH SYSTEMS LLC 414.58 399073 09/03/2020 D&E PUMP SALES & SERVICE INC 11,700.00 399074 09/03/2020 BRITTON INDUSTRIES INC 268.98 399075 09/03/2020 SALT CREEK APPAREL LLC 295.04 399076 09/03/2020 KYNES CORP 300.80 399077 09/03/2020 SOUTH BAY BUILDERS 163.91 399078 09/03/2020 PROFESSIONAL PROPERTY MANAGEMENT GROUP IN( 500.00 399079 09/03/2020 BLUE AGAVE VERO LLC 5,000.00 399080 09/03/2020 BRUCE A JACKSON 5,000.00 399081 09/03/2020 MAX PROPERTY INVESTMENTS LLC 5,000.00 399082 09/03/2020 PUB 2019 LLC 5,000.00 Grand Total: 2,428,878.96 55 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900697 09/01/2020 GRACES LANDING LTD 10,245.00 900698 09/01/2020 WILLIE C REAGAN 468.00 900699 09/01/2020 RIVER PARK ASSOCIATES LIMITED 13,191.00 900700 09/01/2020 BETTY DAVIS SCROGGS 663.00 900701 09/01/2020 CREATIVE CHOICE HOMES XVI LTD 17,608.00 900702 09/01/2020 DAVID YORK 584.00 900703 09/01/2020 ST FRANCIS MANOR OF VERO BEACH 445.00 900704 09/01/2020 TREASURE COAST HOMELESS SERVICES 3,681.00 900705 09/01/2020 FLORIDA POWER AND LIGHT 232.00 900706 09/01/2020 DAVID SPARKS 366.00 900707 09/01/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,219.00 900708 09/01/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 3,411.00 900709 09/01/2020 CRAIG MERRILL 664.00 900710 09/01/2020 THE PALMS AT VERO BEACH 17,985.00 900711 09/01/2020 DAVID CONDON 708.00 900712 09/01/2020 HILARY MCIVOR 375.00 900713 09/01/2020 PELICAN ISLES LP 6,959.00 900714 09/01/2020 SUNCOAST REALTY & RENTAL MGMT LLC 6,296.00 900715 09/01/2020 OAK RIVER PROPERTIES INC 221.00 900716 09/01/2020 ADINA GOLDMAN 709.00 900717 09/01/2020 INDIAN RIVER RDA LP 4,773.00 900718 09/01/2020 LAZY J LLC 1,712.00 900719 09/01/2020 JESSE LEWIS 667.00 900720 09/01/2020 SKOKIE HOLDINGS INC 679.00 900721 09/01/2020 OSLO VALLEY PROPERTIES INC 364.00 900722 09/01/2020 SAID S MOOBARK 1,406.00 900723 09/01/2020 OSCEOLA COUNTY SECTION 8 759.26 900724 09/01/2020 ANTHONY ARROYO 692.00 900725 09/01/2020 DANIEL CORY MARTIN 527.00 900726 09/01/2020 YVONNE KOUTSOFIOS 120.00 900727 09/01/2020 ALAN R TOKAR 656.00 900728 09/01/2020 VERO BEACH VILLAS I LLC 438.00 900729 09/01/2020 BRIAN E GALLAGHER 591.00 900730 09/01/2020 SCOT WILKE 207.00 900731 09/01/2020 FOUNDATION FOR AFFORDABLE RENTAL 28,778.00 900732 09/01/2020 RICHARD KUSSEROW 449.00 900733 09/01/2020 JOHN T STANLEY 702.00 900734 09/01/2020 WEDGEWOOD RENTALS LLC 1,925.00 900735 09/01/2020 ALMA LUCKETT 640.00 900736 09/01/2020 MCLAUGHLIN PROPERTIES LLC 1,345.00 900737 09/01/2020 MYRIAM MELENDEZ 565.00 900738 09/01/2020 WATSON REALTY GROUP 2,546.00 900739 09/01/2020 SHER LLC 435.00 900740 09/01/2020 SUNQUEST APRTMENTS LLC 2,309.00 900741 09/01/2020 PID HOLDINGS LLC 1,150.00 900742 09/01/2020 ORCHARD GROVE VENTURE LLC 4,031.00 900743 09/01/2020 SONRISE APARTMENT PROPERTIES LLC 2,680.00 900744 09/01/2020 2545 INDIAN RIVER BOULEVARD LLC 581.00 900745 09/01/2020 SREIT LEXINGTON CLUB LLC 21,364.00 900746 09/01/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 12,641.00 900747 09/01/2020 LAWRENCE C SALTER TRUST 463.00 Grand Total: 185,225.26 56 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017054 09/01/2020 AT&T CORP 8,613.18 1017055 09/01/2020 OFFICE DEPOT INC 1,310.63 1017056 09/01/2020 COMCAST 20.97 1017057 09/01/2020 POLYDYNE INC 2,576.00 1017058 09/01/2020 WASTE MANAGEMENT INC OF FLORIDA 9,491.59 1017059 09/02/2020 OFFICE DEPOT INC 835.17 1017060 09/02/2020 COMCAST 371.45 1017061 09/02/2020 WASTE MANAGEMENT INC OF FLORIDA 1,227.40 1017062 09/03/2020 NORTH SOUTH SUPPLY INC 61.52 1017063 09/03/2020 HELENA CHEMICAL 2,676.45 1017064 09/03/2020 COLD AIR DISTRIBUTORS WAREHOUSE 231.71 1017065 09/03/2020 INDIAN RIVER BATTERY 790.15 1017066 09/03/2020 INDIAN RIVER OXYGEN INC 92.50 1017067 09/03/2020 RING POWER CORPORATION 4,255.72 1017068 09/03/2020 DEMCOINC 259.99 1017069 09/03/2020 MIKES GARAGE & WRECKER SERVICE INC 590.00 1017070 09/03/2020 SMITH BROTHERS CONTRACTING EQUIP 513.35 1017071 09/03/2020 GALLS LLC 351.20 1017072 09/03/2020 MEEKS PLUMBING INC 409.00 1017073 09/03/2020 ABCO GARAGE DOOR CO INC 152.00 1017074 09/03/2020 ALLIED UNIVERSAL CORP 7,152.61 1017075 09/03/2020 IRRIGATION CONSULTANTS UNLIMITED INC 83.10 1017076 09/03/2020 GROVE WELDERS INC 668.50 1017077 09/03/2020 THYSSENKRUPP ELEVATOR CORPORATION 10,566.00 1017078 09/03/2020 TOTAL TRUCK PARTS INC 2,665.69 1017079 09/03/2020 COMPLETE ELECTRIC INC 420.00 1017080 09/03/2020 STRYKER SALES CORP 301.62 1017081 09/03/2020 THOMPSON TRACTOR 2,387.24 1017082 09/03/2020 MIDWEST MOTOR SUPPLY CO 696.68 1017083 09/03/2020 METRO FIRE PROTECTION SERVICES INC 447.00 1017084 09/03/2020 SPINNAKER VERO INC 35.00 1017085 09/03/2020 AUTO PARTNERS LLC 153.69 1017086 09/03/2020 L&L DISTRIBUTORS 235.18 1017087 09/03/2020 ENVIRONMENTAL CONSERVATION LABORATORIES IN 12,219.00 1017088 09/03/2020 HYDRA SERVICE (S) INC 289.00 1017089 09/03/2020 RADWELL INTERNATIONAL INC 194.06 1017090 09/03/2020 EFE INC 3,068.74 1017091 09/03/2020 PACE ANALYTICAL SERVICES LLC 7,960.00 Grand Total: 84,373.09 57 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7906 08/31/2020 ST LUCIE BATTERY & TIRE CO 1,060.90 7907 08/31/2020 CLERK OF CIRCUIT COURT 90,887.58 7908 08/31/2020 INDIAN RIVER COUNTY SHERIFF 4,365,950.66 7909 08/31/2020 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 109,606.98 7910 09/02/2020 KIMLEY HORN & ASSOC INC 7,881.17 7911 09/02/2020 AMERICAN FAMILY LIFE ASSURANCE CO 20,826.82 7912 09/02/2020 ALLSTATE 175.92 7913 09/02/2020 MUTUAL OF OMAHA 7,367.81 7914 09/02/2020 VEROTOWN LLC 45,528.52 7915 09/02/2020 C E R SIGNATURE CLEANING 5,936.00 7916 09/02/2020 RX BENEFITS INC 301,525.78 P -CARD 09/02/2020 TD BANK, N.A. 5,113.93 Grand Total: 4,961,862.07 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 1, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2020049 for Data Flow System Antenna and Tower Replacement BACKGROUND: On behalf of the Department of Utility Services, bids were solicited for the replacement of the communications tower and antenna at the West Regional Wastewater Treatment Facility, which were constructed in 1996, and require replacement. The antenna is one of three Forwarding Terminal Units (FTU) for the Data Flow Systems communication system, which monitors and controls 350 sewage lift stations in the county's system. RFP RESULTS: Advertising Date: June 18, 2020 Bid Opening Date: July 14, 2020 Solicitation Broadcast to: 242 Subscribers Bid Documents Requested by: 11 Firms Replies: 3 Firms Bidders Name Location Total Bid Expert Construction Managers, Inc. Brandon, FL $108,000 Boromei Construction, Inc. Okeechobee, FL $109,663 Allstate Tower (DQ - bid form not signed) Henderson, KY DQ ANALYSIS: The department has reviewed the two responsive bids and is recommending award to Boromei Construction, Inc. ("Boromei"), as their construction schedule is more responsible in relation to the requirements of the bid. The sample agreement included with the bid documents anticipated a 45 -day construction schedule, with the existing tower needing to remain in service until the new tower is 100% operational. The project completion time on the bid form submitted by Boromei was 60 days, 59 while Expert Construction Managers, Inc. ("Expert") submitted a completion time of 150 days. The condition of the existing tower continues to deteriorate and has made replacement urgent. Therefore, award of the bid with the shorter project schedule is preferred to ensure connectivity to lift stations. Section 105.02 of the Code of Ordinances says "The county commission may enter into contracts... based on the recommendations of the county administrator, bidding procedures, or such other methods that the commission determines are in the best interest of the county," and Paragraph 4.3 of the Purchasing Manual and the Award paragraph in the bid documents both state "the Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid." On August 11, 2020, Expert submitted a complaint that Boromei's submitted schedule does not comply with the specifications and indicates a lack of basic tower construction knowledge and protocol. After researching the complaint and review with the County Attorney and Department, the Purchasing Manager found no evidence the statement that Boromei schedule does not comply with specifications. Both bidders had been determined to be responsible by the department, and no evidence was provided to indicate Boromei is not qualified to perform the work. Expert was informed of the denial of their protest and their right to appeal on August 20, 2020. They have not provided notice of intent to appeal the denial of their protest. FUNDING: Funds for the antenna and tower replacement are available in the Wastewater Collection Replacement and Renewal ("R&R") account. Fund Description Amount . 47126836-044699-19547 Data Flow Antenna Replacement 1 $110,000 RECOMMENDATION: Staff recommends the Board award bid 2020049 to Boromei Construction, Inc. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required bond and insurance, the County Attorney's approval of the agreement as to form and legal sufficiency, and after the contractor has become registered with the Building Division. ATTACHMENT: Expert Protest Memo Response to Expert Protest Sample Agreement 60 From: Bill Brown To: Parris LaMana Cc: Diane Lvstlund; Jennifer Hyde Subject: RE: Indian River County Bid 2020049 - Request for Supplemental Information Date: Tuesday, August 11, 2020 1:51:54 PM Attachments: imaae001.ono CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hi Parris, We have reviewed the Boromei Construction schedule. This schedule does not comply with the specifications and is inaccurate for the following reasons: 1. Page 12 of 37 of the documents call for a geotechnical report. It must be done prior to the design of the tower and foundation. This activity and the time it takes is not included in their schedule. That's 3 weeks. 2. Their schedule indicates the tower steel will be released 4 work days after contract award. This is an unrealistic amount of time to get engineering and approvals done. We show a realistic time of 18 work days from receipt of thew soil boring to approvals and release of steel. That's 3 more weeks. 3. We show 3 days for you or DFS to inspect and accept the new tower prior to loading it. Their schedule shows none. 4. Their schedule shows 2 days for DFS to install and test their equipment. We show 2 weeks. 5. Their schedule shows the tower demo to be one day with no clean-up. In the notice of award it is stated the shorter schedule was the basis of award. The schedule presented indicates a lack of basic tower construction knowledge and protocol. Please reconsider your decision. We would be glad to work with the user to trim our schedule as required to bring the project in sooner. We usually present a realistic schedule and then beat it. By a lot. Ask our customers. Additionally, how many towers has this company built? Thanks, Bill Brown 815 S Kings Ave. Brandon, FL 33511 813.335.4765 cell 61 BOARD OF COUNTY COMMISSIONERS August 20, 2020 Mr. Bill Brown, President Expert Construction Managers, Inc. Bill@Brown.org Reference: Response to Bid Protest Regarding Bid 2020049 — Data Flow Systems Antenna and Tower . Replacement Dear Mr. Brown: We are in receipt of your August 11, 2020 protest of the recommendation of award of the subject bid to Boromei Construction, Inc. After review, your protest is denied. Background Bids for the subject project were opened on July 14, 2020. Two bids were received and determined to be initially responsive. The apparent low bid of $108,000 and 150 days to complete was submitted by Expert Construction Managers, Inc., ("Expert") and the second low bid of $109,663 and 60 days to complete was submitted by Boromei Construction, Inc. ("Boromei"). The sample agreement listed a timeline of 45 days to complete the project, after notice to proceed. During the review of bids, as part of a request for supplemental information, both firms were asked to provide a schedule illustrating how they would meet the timeline stated in their bid. Because of the shorter timeline, the department determined Boromei to be more responsible to the requirements of the bid documents and provided their recommendation of award to the Purchasing Division, who posted notice of the recommendation on August 6, 2020. Your email asserts that Boromei's submitted schedule "does not comply with the specifications and is inaccurate." Your email points out the differences between the two contractor schedules, and suggests the Boromei schedule "indicates a lack of basic tower construction knowledge and protocol." Your memo also asks that the County reconsider its decision to recommend award to Boromei. Basis for Decision No evidence was found to support your statement the Boromei schedule does not comply with specifications. The invitation to bid did not require a schedule, just a number of days to complete, and no requirements regarding specific details was issued in the request for additional information sent by my office. While the Boromei schedule may not have been as detailed as the Expert schedule, I am unable to find an indication that there is violation of the specifications within the Boromei schedule. I am also unable to find evidence that Boromei's schedule is inaccurate. Office of Management and Budget *Purchasing Division 180027 th Street, Vero Beach, Florida 329609(772) 226-1416•Fax: (772) 770-5140 62 E-mail: purchasing@ircgov.com Response to Response to Expert Protest In regards to.the assertion that Boromei lacks "basic tower construction knowledge and protocol," both bidders were determined to be responsible by the department, which is defined in our Purchasing Manual as "a bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County." Other than the schedule, no documentation was provided or found to support the claim that Boromei does not possess the knowledge to complete the work as bid. Conclusion Should Expert disagree with the denial of the protest and the bases described in this response, you may appeal this decision to the Board of County Commissioners. To do so, you must provide written notice of your appeal to me within seven (7) calendar days of receipt of this decision, per the protest procedure detailed in the Purchasing Manual. As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County Commissioners meets to consider an award or rejection of the subject procurement or an appeal regarding this decision. Per the cone of silence policy, you and your agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until that time. Please feel free to contact me at (772) 226-1575 or by email at jhyde@ircgov.com if you have any questions. Sincerely, ll Jennifer Purchasing Manager Encl: Protest Email from Expert Cc: Mr. Danny Boromei, President, Boromei Construction, Inc. 63 From: Bill Brown To: Parris LaMana Cc: Diane Lvstlund; Jennifer Hyde Subject: RE: Indian River County Bid 2020049 - Request for Supplemental Information Date: Tuesday, August 11, 2020 1:51:54 PM Attachments: 0mage001. Dna CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Hi Parris, We have reviewed the Boromei Construction schedule. This schedule does not comply with the specifications and is inaccurate for the following reasons: 1. Page 12 of 37 of the documents call for a geotechnical report. It must be done prior to the design of the tower and foundation. This activity and the time it takes is not included in their schedule. That's 3 weeks. 2. Their schedule indicates the tower steel will be released 4 work days after contract award. This is an unrealistic amount of time to get engineering and approvals done. We show a realistic time of 18 work days from receipt of thew soil boring to approvals and release of steel. That's 3 more weeks. 3. We show 3 days for you or DFS to inspect and accept the new tower prior to loading it. Their schedule shows none. 4. Their schedule shows 2 days for DFS to install and test their equipment. We show 2 weeks. 5. Their schedule shows the tower demo to be one day with no clean-up. In the notice of award it is stated the shorter schedule was the basis of award. The schedule presented indicates a lack of basic tower construction knowledge and protocol. Please reconsider your decision. We would be glad to work with the user to trim our schedule as required to bring the project in sooner. We usually present a realistic schedule and then beat it. By a lot. Ask our customers. Additionally, how many towers has this company built? Thanks, ❑® Bill Brown 815 S Kings Ave. Brandon, FL 33511 813.335.4765 cell 64 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Replace existing SCADA Data Flow System antenna and tower ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Data Flow System Antenna and Tower Replacement 2020049 84058 th Street A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after Notice to Proceed. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $388.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 65 ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. 66 ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 67 (1) This Agreement (pages 1 to _, inclusive); (2) Notice to Proceed; (3) Public Construction Bond (pages to , inclusive); (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2020049; (6) Addendum 1; (7) CONTRACTOR'S Bid Form (pages 15 to 16 of 37, inclusive); (8) Bid Bond (pages 1 and 2, inclusive); (9) Warranty Information Form (page 23 of 37); (10) Drug Free Workplace Form (page 17 of 37) (11)Affidavit of Compliance (page 18 of 37); (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 19 and 20 of 37, inclusive); (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 21 of 37); (14) Certification Regarding Lobbying (page 22 of 37); (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract 68 A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to 69 perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment; as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit, of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any 70 further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 71 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By CONTRACTOR: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Duke Hawkins Title: Assistant.Operations Manager Address: 4350 41St Street, Vero Beach, FL 32967 Phone: (772) 226-3424 Email: dukeh@ircgov.com Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 72 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 26, 2020 SUBJECT: 2020/2021 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Kristin Daniels Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for 2020/2021. This contract provides for county funding of the Health Department. The direct contribution for fiscal year 2020/2021 totals $738,670, which is an increase of $21,515 or 3.0% from the current fiscal year. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $691,566 for a total County contribution of $1,430,236. FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution is funded from account number 00110669-088190, and the in-kind contribution is provided in the Facilities Management budget in the General Fund. RECOMMENDATION Staff recommends the Board approve and authorize the Chairman to execute the contract. ATTACHMENTS Health Department Contract Cover Letter Health Department Contract Health Department Contract Attachments 73 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. HEALTH Vision: To be the Healthiest State in the Nation. Ron DeSantis Governor Scott. A. Rivkees, MD State Surgeon General FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY August 20th; 2020 Jason Brown, Administrator Indian River�County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: 2020-2021 State/County Contract Dear Mr. Brown, Please find attached (3) originals of the 2020-21 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget; revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $9,332,110. The county appropriation of $738,670 along with estimated building operational expenses of $691,566 are specified fiscal responsibilities of the Indian River County Board of Commissioners. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As always, a quarterly report will be forwarded to your attention for review and a written explanation will be provided if the variance exceeds or falls below 25% of the planned expenditure amount for the contract year. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Sincerely, r^ Miranda C. Hawker County Health Department Administrator Attachments Florida Department of Health in Indian River County 1900 27N Street, Vero Beach, FL 32960 Accredited Health Department PHONE: 772(794-7400 Public HeaithAccreditation Bo WEBSITE: http://indianfver.floddahealth,gov FloridaHealth.gov CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2020-2021 This contract is made and entered into between the State of Florida, Department of Health ("State") and the Indian River County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2020. RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2020, through September 30, 2021, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local funds 75 and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 4,205,368 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $738,670 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 76 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental 77 Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraphs 6.i. and 6.k., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian River County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health 78 Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. L The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. 79 o. The CHD shall submit quarterly reports to the County that shall include at least the following: The DE3851-1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the year end DE3851-1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: March 1, 2021 for the report period October 1, 2020 through December 31, 2020; ii. June 1, 2021 for the report period October 1, 2020 through March 31, 2021; iii. September 1, 2021 for the report period October 1, 2020 through June 30, 2021; and iv. December 1, 2021 for the report period October 1, 2020 through September 30, 2021. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices. and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. The CHD is 80 responsible for the costs of maintenance and repair of vehicles used for CHID operations, including the cost to insure vehicles. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2021, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: Mayur Rao Name Administrative Services Director II Title 1900 27th Street Vero Beach, FI., 32960-3383 Address 772-794-7464 Telephone For the County: Kristin Daniels Name Budget Director Title 1801 27th Street Vero Beach, FI., 32960-3383 Address 772-567-8000 Ext. 1214 Telephone 81 If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this eight page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one page), Attachment IV (one page), and Attachment V (one page), to be executed by their undersigned officials as duly authorized effective the 1St day of October, 2020. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR INDIAN RIVER COUNTY DEPARTMENT OF HEALTH SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: 64N1!1=111=3Vs NAME: Scott A. Rivkees, MD TITLE: State Surgeon General DATE: SIGNED BY: NAME: Miranda C. Hawker, MPH TITLE: CHD Administrator DATE: ATTACHMENT INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome Requirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-1 10) OMB Circular A-1 02, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) 83 8. 9. levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21* HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. School Health Services 10. Tuberculosis 11 Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. General Communicable Disease Carry out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. .or the subsequent replacement if adopted during the contract period. 84 T 7 C O N U =c .00 U co � o � ca m Ewa to L 7 W (n LL a� H ;n p N N = c a U m m 0 m E m a Co c (nL 3 W (n LL kn n 00 —1 V- co O � Ln M N O — LO LO Ll- 00 'IT O OV M c0 M N to Ln N oD LO O N N N O O) O cc L6 } N O m N V N M -O j N O N N �N M C O M U M U U O N C Q O L 0) D cc m E N E c E rn a O a O (D U N Q Ln N cn wC O O O O a � Co ao o LON �O O NO Ll p. N N C cu F O N 0.0 N d N p 3:O O LOp 0 LE U 00 coo m0 1- N M 4 kn n 00 —1 V- ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2020 to September 30, 2021 1. GENERAL REVENUE - STATE 015040 AIDS PATIENT CARE 015040 CHD - TB COMMUNITY PROGRAM 015040 CORONAVIRUS GENERAL REVENUE 015040 HEALTHY BEACHES MONITORING 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 015050 CHD GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS - STATE 007000 WIC BREASTFEEDING PEER COUNSELING PROG 007000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO • PHBG 007000 EPID & LAB FOR INFECTIOUS DISEASE COVID-19 007000 FAMILY PLANNING TITLE X - GRANT 007000 D4MUNIZATION ACTION PLAN 007000 MCH SPEC PRJ SOCLAL DETERMINANTS HLTH COMM EDU 007000 MCH BLOCK GRANT FLORIDA'S HEALTHY BABIES 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 WIC PROGRAM ADMINISTRATION 015075 SUPPLEMENTAL SCHOOL HEALTH 015075 SNAP ED • OBESITY 018005 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 018005 RYAN WHITE TITLE II GRANT/CHD CONSORTIUM FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 001206 SEPTIC TANK RESEARCH SURCHARGE 001206 SEPTIC TANK VARIANCE FEES 50% 001206 PUBLIC SWIMMING POOL PERMIT FEES -10% HQ TRANSFER 001206 DRINKING WATER PROGRAM OPERATIONS 001206 REGULATION OF BODY PIERCING SALONS 001206 TANNING FACILITIES State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 100,000 0 100,000 0 100,000 17,534 0 17,534 0 17,534 927,701 0 927,701 0 927,701 18,882 0 18,882 0 18,882 40,889 0 40,889 0 40,889 183,226 0 183,226 0 183,226 136,867 0 136,867 0 136,867 1,385,373 0 1,385,373 0 1,385,373 2,810,472 0 2,810,472 0 2,810,472 8,203 0 8.203 0 8,203 8,203 0 8,203 0 8,203 57,500 0 57,500 0 57,500 9,891 0 9,891 0 9,891 115,000 0 115,000 0 115,000 137,746 0 137,746 0 137,746 43,669 0 43,669 0 43,669 34,951 0 34,951 0 34,951 23,113 0 23,113 0 23,113 14,776 0 14,776 0 14,776 88,227 0 88,227 0 88,227 76,974 0 76,974 0 76,974 56,262 0 56,262 0 56,262 449,128 0 449,128 0 449,128 150,068 0 150,068 0 .150,068 11,661 0 11,661 0 11.661 39,388 0 39,388 0 39,388 90,000 0 90,000 0 90,000 1,398,354 0 1.398,354 0 1,398,354 146,323 0 146,323 0 146,323 319,033 0 319,033 0 319,033 24,996 0 24,996 0 24,996 2,405 0 2,405 0 2,405 4,745 0 4,745 0 4,745 201 0 201 0 201 1,880 0 1,880 0 1,880 526 0 526 0 526 138 0 1380p 138 217 0 217 A6 217 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2020 to September 30, 2021 State CHD County Total'CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 001206 ONSITE SEWAGE TRAINING CENTER 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 001206 MOBILE HOME & RV PARK FEES FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS • STATE: 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID . STATE/COUNTY 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE • STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS • BCC/TAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION . COUNTY 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS • COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 010300 INSPECTIONS OF SUMMER FEEDING PROGRAM . DOE 010300 STATE UNDERGROUND PETROLEUM RESPONSE ACT 010400 CHD SALE OF SERVICES IN OR OUTSIDE OF STATE GOVT 011000 REVENUE CONTRACT/MOA W/NO REPORTING REQUIREMENT 95 0 95 0 95 868 0 868 0 868 2,719 0 2,719 0 2,719 504,146 0 504,146 0 504,146 0 0 0 0 0 144,924 0 144,924 0 144,924 144,924 0 144,924 0 144,924 0 22,100 22,100 0 22,100 0 22.100 22.100 0 22,100 3,690 0 3,690 0 3,690 10,000 0 10.000 0 10,000 13,690 0 13,690 0 13,690 0 0 0 88,822 88,822 0 0 0 507 507 0 0 0 1,743,101 1,743,101 0 0 0 17,224 17,224 0 0 0 98,561 98,561 0 0 0 1,948,215 1,948,215 0 71,184 71,184 0 71,184 0 10,524 10,524 0 10,524 0 738,670 738,670 0 738,670 0 820,378 820,378 0 820,378 0 13,919 13,919 0 13,919 0 258,943 258,943 0 258,943 0 201,240 201,240 0 201,240 0 474,102 474,102 0 474,102 0 13,200 13,200 0 13,200 0 3,800 3,800 0 3,800 0 1,119 1,119 0 1,119 0 2,416 2,416 0 2,416 0 400 400 0 400 0 341.919 341,919 (387 341,919 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2020 to September 30, 2021 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 011000 INDIAN RIVER FETAL & INFANT MORTALITY REVIEW PRJ 011001 CHD HEALTHY START COALITION CONTRACT 011001 HEALTHY START NURSE FAM PARTNERSHIP EXPAND CHD 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 12. ALLOCABLE REVENUE • COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES COUNTY ALLOCABLE REVENUE TOTAL 13. BUILDINGS . COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER (Specify) UTILITIES BUILDING MAINTENANCE GROUNDS MAINTENANCE INSURANCE OTHER (Specify) OTHER (Specify) BUILDINGS TOTAL 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND • COUNTY EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM 0 3,067 3,067 0 3,067 0 2,420 2,420 0 2,420- 0 87,535 87,535 0 87,535 0 26,394 26,394 0 26,394 0 482,270 482,270 0 482,270 0 3,690 3,690 0 3,690 0 10,000 10,000 0 10,000 0 13,690 13,690 0 13,690 0 0 0 455,938 455,938 0 0 0 0 0 0 0 0 153,560 153,560 0 0 0 82,068 82,068 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 691,566 691,566 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,879,789 1,812,540 6,692,329 2,639,781 9,332,110 DR ATTACHMENT 11 INDIANRIVER COUNTY HEALTH DEPARTMENT Part I11, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service October 1, 2020 to September 30, 2021 Quarterly Expenditure Plan FTE's Clients: Services/ 1st 2nd 3rd 4th Grand (0.00) Units Visits (Whole dollars only) State County Total A COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 3.50 923 1,148 88,166 75,590 88,166 75,590 78,787 248,725 327,512 SEXUALLY TRANS. DIS. (102) 2.87 753 988 68,525 58,750 68,525 58,751 174,296 80,255 254,551 HIV/AIDS PREVENTION (03A1) 2.93 0 8,066 58,257 49,947 58,257 49,948 216,308 101 216,409 HIV/AIDS SURVEILLANCE (03A2) 0.07 0 0 1,267 1,086 1,267 1,086 4,703 3 4,706 HIV/AIDS PATIENT CARE (03A3) 4.21 183 715 110,339 94,600 110,339 94,601 398,833 11,046 409,879 ADAP (03A4) 0.84 11 11 16,415 14,073 16,415 14,074 60,948 29 60,977 TUBERCULOSIS (104) 1.97 58 205 40,936 35,097 40,936 35,098 144,575 7,492 152,067 COMM. DIS. SURV. (106) 3.92 0 8,279 370,512 317,660 370,512 317,660 1,376,344 0 1,376,344 HEPATITIS (109) 0.00 0 0 0 0 0 0 0 0 0 PREPAREDNESS AND RESPONSE (116) 1.18 0 20 29,284 25,107 29,284 25,107 108,782. 0 108,782 REFUGEE HEALTH (118) 0.00 0 0 0 0 0 0 0 0 0 VITAL RECORDS (180) 1.18 6,021 19,971 19,590 16,796 19,590 16,796 0 72,772 72,772 COMMUNICABLE DISEASE SUBTOTAL 22.67 7,949 39,403 803,291 688,706 803,291 688,711 2,563,576 420,423 2,983,999 B. PRIMARY CARE: CHRONIC DISEASE PREVENTION PRO (210) 2.71 313 766 51,035 43,755 51,035 43,756 189,581 0 189,581 WIC (21W1) 8.71 3,580 22,196 165,226 141,657 165,226 141,657 613,766 0 613,766 TOBACCO USE INTERVENTION (212) 0.00 0 0 0 0 0 0 0 0 0 WIC BREASTFEEDING PEER COUNSELING (21W2) 0.77 0 714 14,124 12,109 14,124 12,110 52,467 0 52,467 FAMILY PLANNING (223) 5.16 361 767 123,971 106,287 123,971 106,287 419,029 41,487 460,516 IMPROVED PREGNANCY OUTCOME (225) 0.00 0 0 0 0 0 0 0 0 0 HEALTHY START PRENATAL (227) 0.65 6 32 16,509 14,154 16,509 14,153 0 61,325 61,325 COMPREHENSIVE CHILD HEALTH (229) 0.00 0 0 0 0 0 0 0 0 0 HEALTHY START CHILD (23 1) 0.64 1 1 14,134 12,117 14,134 12,117 0 52,502 52,502 SCHOOL HEALTH (234) 4.73 0 48,662 106,825 91,587 106,825 91,586 396,823 0 396,823 COMPREHENSIVE ADULT HEALTH (23 7) 4.67 603 1,243 124,082 106,382 124,082 106,383 32,682 428,247 460,929 COMMUNITY HEALTH DEVELOPMENT (238) 0.77 0 1,346 18,024 15,453 18,024 15,454 66,955 0 66,955 DENTAL HEALTH (240) 0.00 0 0 0 0 0 0 0 0 0 PRIMARY CARE SUBTOTAL 28.81 4,864 75,727 633,930 543,501 633,930 543,503 1,771,303 583,561 2,354,864 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COSTAL BEACH MONITORING (347) 0.29 167 231 10,532 9.029 10,532 9,029 28,842 10,280 39,122 LIMITED USE PUBLIC WATER SYSTEMS (35 1) 0.37 28 415 8,889 7,621 8,889 7,621 4,200 28,820 33,020 PUBLIC WATER SYSTEM (358) 0.06 0 116 1,624 1,392 1,624 1,391 15 6,016 6,031 PRIVATE WATER SYSTEM (359) 1.92 10 2,251 40,778 34,961 40,778 34,960 458 151,019 151,477 ONSITE SEWAGE TREATMENT & DISPOSAL (361) 7.79 2,356 7,958 156,341 134,040 156,341 134,040 317,042 263,720 580,762 Group Total 10.43 2,561 10,971 218,164 187.043 218,164 187,041 350,557 459,855 810,412 Facility Programs TATTOO FACILITY SERVICES (344) 0.16 95 34 3,412 2,925 3,412 2,925 8,486 4,188 12,674 FOOD HYGIENE (348) 0.98 212 551 22,757 19,511 22,757 19,511 24,051 60,485 84,536 89 ATTACHMENT H INDIAN RIVER COUNTY HEALTH DEPARTMENT Part III, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service October 1, 2020 to September 30, 2021 Quarterly Expenditure Plan FTE's Clients Services/ let 2nd 3rd 4th Grand (0.00) Units Visite (Whole dollars only) State County Total BODY PIERCING FACILITIES SERVICES (349) 0.02 0 0 660 565 660 565 2,441 9 2,450 GROUP CARE FACILITY (351) 0.21 116 84 5,062 4,340 5,062 4,341 51 18,754 18,805 MIGRANT LABOR CAMP (352) 0.12 16 38 2,608 2,236 2,608 2,235 876 8,811 9,687 HOUSING& PUB. -BLDG. (353) 0.15 1 27 3,707 3,178 3,707 3,177 724 13,045 13,769 MOBILE HOME AND PARK (354) 0.20 47 118 4,533 3,886 4,533 3,887 13,944 2,895 16,839 POOLS/BATHINGPLACES (360) 1.30 625 1,268 28,866 24,748 28,866 24,747 60,696 46,531 107,227 BIOMEDICAL WASTE SERVICES (364) 0.56 614 550 12,346 10,585 12,346 10,585 42,119 3,743 45,862 TANNING FACILITY SERVICES (369) 0.05 23 35 1,249 1,070 1,249 1,070 1,772 2,866, 4,638 Group Total 3.75 1,749 2,705 85,200 73,044 85,200 73,043 155,160 161,327 316,487 Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (355) 0.00 0 0 0 0 0 0 0 0 0 SUPER ACT SERVICES (356) 0.06 6 19 1,552 1,331 1,552 1,330 16 5,749 5.765 Group Total 0.06 6 19 1,552 1,331 1,552 1,330 16 5,749 5,765 Community Hygiene COMMUNITY ENVIR. HEALTH (345) 0.26 0 440 5,559 4,766 5,559 4,765 60 20,589 20,649 INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 LEAD MONITORING SERVICES (350) 0.00 0 0 32 27 32 27 0 118 118 PUBLIC SEWAGE (362) 0.21 6 77 4,426 3,795 4.426 3,796 45 16,398 16,443 SOLID WASTE DISPOSAL SERVICE (363) 0.00 0 0 70 60 70 59 6 253 259 SANITARY NUISANCE (365) 0.11 17 6 2,743 2,352 2,743 2,351 25 10,164 10,189 RABIES SURVEILLANCE (366) 0.26 59 156 6,583 5,644 6,583 5,644 59 24,395 24,454 ARBORVIRUS SURVEIL. (367) 0.02 0 0 870 746 870 745 6 3,225 3,231 RODENT/ARTHROPOD CONTROL (368) 0.01 0 0 453 388 453 389 3 1,680 1,683 WATER POLLUTION (370) 0.16 0 31 4,360 3.738 4,360 3,737 42 16,153 16,195 INDOOR AIR (371) 0.01 0 0 214 183 214 184 0 795 795 RADIOLOGICAL HEALTH (372) 0.01 0 0 214 183 214 183 2 792 794 TOXIC SUBSTANCES (373) 0.16 8 29 4,285 3,674 4,285 3,674 39 15,879 15,918 Group Total 1.21 90 739 29.809 25,556 29,809 25,554 287 110,441 110,728 ENVIRONMENTAL HEALTH SUBTOTAL 15.45 4,406 14,434 334,725 286,974 334,725 286,968 506,020 737,372 1,243,392 D. NONOPERATIONAL COSTS: NONOPERATIONAL COSTS (599) 0.96 0 0 19,163 16,429 19,163 16,429 0 71,184 71,184 ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 0 0 10,442 8,953 10,442 8,953 38,790 0 38,790 MEDICAID BUYBACK (611) 0.00 0 0 27 23 27 23 100 0 100 NONOPERATIONAL COSTS SUBTOTAL 0.96 0 0 29,632 25,405 29,632 25,405 38,890 71,184 110,074 TOTAL CONTRACT 67.89 17,219 129,564 1,801,578 1,544,586 1,801,578 1,544,587 4,879,789 1,812,540 6,692,329 90 ATTACHMENT III INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 91 \ 2 ƒ PL e4 ON § $ / CL o a , Q(a ELU ■ In 2 U- 2 E 2(CL 0 / § u]o .2 E � « { \ y 2 § § { CL 4) M \ t 05 ) o J § t Im(\ �$z « z .0z. M. §§\ § 5 auj ƒ({\�- z , | f LL \k 3# LU n / Eƒ ■@ § / \� a � CL 0 ca _ }� \ 2 ƒ PL e4 ON CONTRACT YEAR 2019-2020* 2020-2021 ** 2021-2022*** 2022-2023*** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUAREFOOTAGE: PROJECT SUMMARY: ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN NOT APPLICABLE CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN NEW BUILDING RENOVATION NEW ADDITION 0 Describe scope of work in reasonable detail. START DATE (Initial expenditure of funds) COMPLETION DATE: DESIGN FEES: $ 0 CONSTRUCTION COSTS: $ 0 FURNITURE/EQUIPMENT: $ 0 TOTAL PROJECT COST: $ 0 COST PER SQ FOOT: $ 0 ROOFING PLANNING STUDY OTHER TOTAL $ 0 $ 0 $ 0 $ 0 $ 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. ' Cash balance as of 9/30/20 ** Cash to be transferred to FCO account. *** Cash anticipated for future contract years. 93 Consent Agenda K Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels .Director, Office of Management & Budget Date: August 31, 2020 Subject: Miscellaneous Budget Amendment 009 Description and Conditions The 2019/2020 fiscal year ends September 30, 2020. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Staff is requesting the Board of County Commissioners to authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2019/2020 fiscal year. Any necessary adjustments made will be presented before the Board of County Commissioners for ratification. Staff Recommendation Staff recommends that the Board of County Commissioners approve the budget resolution amending the fiscal year 2019/2020 budget. Attachment Budget Resolution 94 Exhibit "A" Resolution No. 2019 - Budget Office Approval Budget Amendment: 009 Kristin Daniels, Budget Director Entry Fund/ Department/Account Name Account Number Increase Decrease Number 95 1 of 1 RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2019-2020 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 10, 2020, THROUGH AND INCLUDING NOVEMBER 29, 2020. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2019-2020 budget prior to the closing of the fiscal year; and WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2019-2020 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY THAT: 1. The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget or their designee are authorized to execute all documents necessary to amend the Fiscal Year 2019-2020 budget, which may arise during the period commencing November 10, 2020, through and including November 29, 2020, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 15, 2020, and this Resolution shall expire without further action of this Board at the close of business on November 29, 2020. The foregoing resolution was moved for adoption and the motion was seconded by Commissioner vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc by Commissioner and, upon being put to a G11 The Chairman thereupon declared the resolution duly passed and adopted this day of 2020. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller M Deputy Clerk BOARD OF COUNTY COMMISSIONERS and OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Approved as to form and legal sufficiency By: Dylan Reingold, County Attorney 97 v INDIAN RIVER COUNTY PURCHASING DIVISION INTEROFFICE MEMORANDUM Date:. September 1, 2020 To: Board of County Commissioners Through: Jason E. Brown, County Administrator Kristin Daniels, Budget Director From: Jennifer Hyde, Purchasing Manager Subject: Ratification of Professional Services Agreement with SteepSteel, LLC I TA41IN' ITSI L O On May 12, 2020, the Board of County Commissioners authorized the County Attorney's Office to send notice of termination of tower structure lease agreements to all tenants on the towers located at 1340 Old Dixie Highway and 810 Bailey Drive. The Board also authorized County staff to procure a consultant with expertise in communications leases who can assist the County in obtaining a lease with a carrier for collocation space on the towers, at the best possible rental rate. Staff has identified an existing cooperative agreement between the National Cooperative Purchasing Alliance ("NCPA", of which the county is a member) and SteepSteel, LLC for Professional Consulting Services for Wireless Technology. SteepSteel is based in Texas, with seven satellite offices, including one in Coral Gables, FL, and has performed telecommunication - consulting services throughout Florida and the U.S. The specifications of the work as solicited by NCPA, and the expertise held by SteepSteel, as verified by the Director, Information Technology enable the county to directly enter into an agreement with SteepSteel to negotiate, obtain and manage leases for county towers, and forego a formal solicitation. Staff proposes to have SteepSteel initially focus on obtaining new leases to replace those terminated by the Board in May, then evaluate the remainder of our towers and leases. In the interest of facilitating implementation of services as soon as possible, the County Administrator executed the agreement per Resolution 2020-54 on August 12, 2020, after it was reviewed and approved by the County Attorney as to form and legal sufficiency. FUNDING Steep Steel's compensation for this work is 25% of any increase in revenue resulting from their efforts for a period of 10 years (or until the leases are terminated, whichever is earlier), and payable:after the county receives those revenues. RECOMMENDATION Staff recommends the Board ratify the execution of the Professional Services Agreement with Steep Steel, LLC and authorize the Chairman to fully execute it. Attachment: Professional Services Agreement with Steep Steel, LLC 99 (;(c>) STE EPq%EEL CONSULTING & MANAGEMENT PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") dated as of is entered into by and between SteepSteel, LLC, a Texas limited liability company ("SteepSteel"), and Indian River County, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, ("the County"). SteepSteel and the County are at times referred to herein individually as a "Party," and jointly as the "Parties." RECITALS WHEREAS, County is a member of the National Cooperative Purchasing Alliance (NCPA) and SteepSteel, after competitive solicitation, was awarded contract 01-95 for Professional Consulting Services for Wireless Technology, and WHEREAS, the Parties participated in a conference call dated June 11, 2020 to discuss the management and/or auction of the County's wireless assets, and WHEREAS, SteepSteel has proposed to manage the County'& existing telecom lease contracts and infrastructure to.maximize revenues and terms for the County, and WHEREAS, SteepSteel has proposed to auction the County's existing telecom leases, NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: SECTION 1. SERVICES / COMPENSATION. A. SteepSteel shall provide to the County those Services that are described on Exhib- it A ("Scope of Services") for the Current Telecommunications Contracts identified on Exhibit B. B. SteepSteel shall be compensated for performance of the Services as set forth on Exhibit C ("Compensation"). C. The County will be invoiced by SteepSteel for performance of the Services and the County shall remit payment of any undisputed amounts to SteepSteel upon receipt of an invoice. In the event of an invoice dispute, the County shall deliver a written statement to SteepSteel no later than 30 days prior to the date payment is due on the dispywd (;(c� STEEPSTEEL CONSULTING & MANAGEMENT invoice listing all disputed items and providing a reasonably detailed description of each disputed item. Amounts not so disputed shall be deemed accepted and shall be paid, notwithstanding disputes on other items, within the time set forth on Exhibit C. The Parties shall seek to resolve all such disputes expeditiously and in good faith. SteepSteel shall continue performing the Services in accordance with this Agreement pending resolution of any dispute, up to a period of (45) forty five days, but not longer, if the dispute is ongoing. SECTION 2. TERM. This Agreement shall commence upon the date the last of the Parties executes this Agreement and shall have an initial term of five (5) years with one five (5) year renewal option ("Renewal Option). To exercise a Renewal Option, the County shall give SteepSteel written notice of its election to renew on or before sixty (60) days prior to the expiration date of the term ("Renewal Notice"). SteepSteel shall accept the County's election to renew within thirty (30) days of receipt of a Renewal Notice. If the County fails to provide a Renewal Notice or SteepSteel fails to accept a Renewal Notice, for any Renewal Option, this Agreement shall not be renewed and shall terminate upon the expiration of the then existing term. SECTION 3. PERFORMANCE AND LIMITATION OF LIABILITY. SteepSteel shall employ those standards and practices, and use the standard of care, that are generally applicable to and utilized by individuals engaged in providing similar services as are required of SteepSteel hereunder. Notwithstanding anything to the contrary contained herein,. in no event shall SteepSteel or the County be liable for any indirect, incidental, consequential, special, reliance or punitive damages, including without limitation damages for lost profits, advantage, savings, or revenues of any kind, whether or not SteepSteel or the County has been advised of the possibility of such damages. SECTION 4. WORK PRODUCT. SteepSteel hereby agrees that all work produced pursuant to this Agreement and provided to the County during and upon completion of this Agreement, shall be the property of the County. SteepSteel may take and retain copies of such written products as desired, subject to the Mutual Non -Disclosure Agreement signed by the Parties pursuant to Section 12 herein. 101 K (;(c>> STEEPSTEEL CONSULTING & MANAGEMENT SECTION 5. TERMINATION. Either party may cancel this Agreement in the event that either party fails to comply with any provisions of this Agreement, which failure shall not have been cured within thirty (30) days after receiving written notice thereof from the other party, or for cause ("Cause") in whole or in part by providing written notice to the other party. For the purpose of this Agreement, "Cause" is defined as (i) conviction of a crime involving moral turpitude, an intentional act of fraud, theft, misappropriation or embezzlement, or (ii) SteepSteel's repeated willful failure to perform ser- vices hereunder. For purposes of this Agreement, an act or a failure to act, shall not be deemed willful or intentional, unless it is done, or omitted to be done, by SteepSteel in bad faith. The cancellation will take effect 30 business days after the other party receives the notice of cancella- tion. After the 30th business day all work will cease following completion of final purchase or- der. TERMINATION IN REGARDS TO F.S. 287.135: SteepSteel certifies that it and those related entities of SteepSteel as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, SteepSteel certifies that it and those related entities of SteepSteel as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Com- panies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if SteepSteel is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scruti- nized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUNTY may terminate this Contract if SteepSteel, including all wholly owned sub- sidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. After one year after the date the last of the Parties executes this Agreement, either Party may terminate this Agreement for convenience by providing 120 days' written notice to the other party 102 (;(c> STEEPSTEEL CONSULTING & MANAGEMENT SECTION 6. INDEPENDENT CONTRACTOR. A. SteepSteel is engaged to provide Services as an independent contractor. The County shall have no control over the conduct of SteepSteel except as expressly set forth in this Agreement. B. The Parties agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. SECTION 7. NO WAIVER. Waiver by any Party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION 8. INSURANCE REQUIREMENTS. a. In the event that SteepSteel, its subcontractors and/or designees, intend to physically enter the County's property, SteepSteel, or its subcontractors and/or designees, shall provide no less that forty-eight (48) hours' notice of its intent and provide to the County a Certificate of Insurance either for itself, or its subcontrator or designee, evidencing the following coverages: Commercial General liability insurance in the amount of $2M per occurrence/$2M general aggregate, automobile liability insurance in the amount of $1M, and statutory workers compensation coverage (subject to the laws of the State of Florida). The County shall be names as an additional insured and a waivers of subrogation will be provided. SECTION 9. DISPUTE RESOLUTION: GOVERNING LAW. Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good -faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be in a court of appropriate jurisdiction located within the county of Indian River, Florida. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law provisions. 103 4 STEEPSTEEL CONSULTING & MANAGEMENT SECTION 10. MISCELLANEOUS. A. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. B. Each party represents that it has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement. C. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement, and each party agrees that its signature, whether transmitted by email, facsimile, or by other duplicate, shall be binding as if it is on any signature of the party to be bound. D. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. E. Neither Party shall assign, delegate or subcontract this Agreement or any rights or obligations. hereunder without the prior written consent of the other Party hereto, which consent shall not be unreasonably withheld, conditioned, or delayed. F. SteepSteel shall indemnify and hold the County harmless from and against any and all third -party claims, loss, cost, damage and expense arising from SteepSteel's negligence or breach of this Agreement, including but not limited to reasonable attorney's fees, and excluding the County's negligent acts, omissions or willful misconduct. The County acknowledges and agrees that SteepSteel shall not assume any liability or responsibility for, and the County shall assume any and all liability and responsibility for, any claims or actions arising as a result of the actions or omissions of the County. SECTION 11. NOTICE. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, regis- 104 5 tered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice: The County: Indian River County Attention: Dan Russell SteepSteel: SteepSteel, LLC Attention: James Kennedy, CEO 11801 27th Street 1095 Evergreen Circle, Suite 200 Vero Beach, FL, 32960 The Woodlands, TX 77380 SECTION 12. MUTUAL NON -DISCLOSURE. The Parties agree to be bound by the terms of the Mutual Non -Disclosure Agreement, at- tached hereto as Exhibit D. SECTION 13. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the County and SteepSteel. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. SECTION 14. BINDING EFFECT. This Agreement shall bind and inure to the benefit of the parties and their heirs, successors and permitted assigns. SECTION 15. PUBLIC RECORDS COMPLIANCE. Indian River County is a public agency subject to Chapter 119, Florida Statutes. SteepSteel shall comply with Flor- ida's Public Records Law. Specifically, SteepSteel shall: (1) Keep and maintain public records required by the County to perform the service. 105 on STEEPSTEEL CONSULTING & MANAGEMENT (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the du- ration of the contract term and following completion of the contract if SteepSteel does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of SteepSteel or keep and maintain public records required by the County to perform the service. If SteepSteel transfers all public records to the County upon completion of the contract, SteepSteel shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If SteepSteel keeps and maintains public records upon completion of the contract, Steep - Steel shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF SteepSteel HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SteepSteel'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDSAT: (772) 226-1424 publicrecordskircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of SteepSteel to comply with these requirements shall be a material breach of this Agreement. [Signatures appear on the next pag 106 7 (;(c> STEEPSTEEL CONSULTING & MANAGEMENT SteepSteel, LLC: Indian River County: James Kennedy, Manager Date Susan Adams, Chairman Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy, Clerk (SEAL) 107 (;(c> STE EPq%EEL CONSULTING & MANAGEMENT EXHIBIT A SCOPE OF SERVICES SteepSteel's pricing shall be paid as follows: MANAGEMENT PACKAGES: Audit and analysis of all of the County's current telecommunications leases/licenses (included in management package) including, but not limited to, the following: Within 10 days of contract award, a comprehensive analysis will begin, including: Phase 1— Review of all wireless equipment and properties (per photographs/video provided by County staff) Verification of ground area occupied by compound / equipment and compared to leases / licenses Examine all wireless infrastructure and / or associated (recent) inspection reports owned by County Order of all files from existing lease / license tenants to compare to County records Review of payment histories and carrier / tower company reimbursements to County Review of all leases / licenses, lease / license amendments, and lease / license extensions versus existing ground equipment Review property title documents to verify no clouds on title exist as a result of existing or previous lease / license tenants Compare lease / license rates to those contained in SteepSteel's 50,000+ wireless agreement database (NationalWirelessRegistry.com) to assist in lease / license valuation Evaluate properties relative to other properties in the market for existing and emerging value trends Assess each location for existing and future revenue opportunities Time to complete: 30 - 45 days (completed files will be delivered to County for review and comment) 108 0 STEEPSTEEL CONSULTING & MANAGEMENT Phase 2 — Once we have reviewed all pertinent information, we will then make appropriate recommenda- tions to the County. Based on the County's instructions, we will then initiate marketing on SteepSteel.com for lease / license auction if desired by client, and / or initiate contact with the tenants to begin negotiations of lease / license extensions and / or lease / license sales. Negotiations will include monthly or periodic rates, annual or periodic escalators, expansion area options, term extensions, coloration and revenue sharing opportunities, and capacity and equip- ment changes. Time to complete: 30 - 60 days (all rounds of negotiation will be forwarded to County for re- view and comment) Phase 3 — Execution of revised lease / license documents by County only after tenants have first executed the same — whether lease extensions / amendments or sales — and return copies to tenant (or escrow for funding and recordation, if a sale). Time to complete: 15-30 days (depending on tenant turnaround time) Phase 4 — Ongoing and periodic management issues / inspections to be completed as required based on either County notification / request, or regular (annual / term) changes as outlined in the leases / licenses, and building codes. Registration of sites with national carriers and tower companies for future opportunities. Time to complete: Varies, but usually 7-10 days. All inspection reports and assessments will be provided to County according to the terms out- lined in the contract. Compilation of complete County files including — but not limited to — the following: Audited lease / license documents and payment histories Copies of all communications — email and written — between SteepSteel and tenants. Site value maximization recommendations for each site 109 10 STEEPSTEEL CONSULTING & MANAGEMENT Inspection reports Miscellaneous Contract Terms: SteepSteel management, staff and contractors will make their best effort to perform all tasks in a professional, workmanlike and timely fashion and to the satisfaction of the County. Compensation: Twenty-two (25%) Percent payment for any increase in lease/license revenue that SteepSteel ne- gotiates above the current rent. SteepSteel shall receive this payment for 10 years from the date the increase in rent occurs as a result of SteepSteel's efforts. Invoices to be paid on a quarterly basis. If applicable, and on a case-by-case basis, pricing and scope of work for services related to short duration tasks and other consulting tasks as requested by the County shall be agreed to in writing by the Parties prior to performance of the work. Optional: STEEPSTEEL AUCTION EVENT PACKAGES Auction Event Packages: Six percent (6%) of final negotiated sales price of wireless agreements sold at auction and closed. SteepSteel agrees to advance all fees including the costs of all associated SteepSteel negotiations and marketing expenses for SteepSteel auction events, as well as closing, escrow, and title fees. County agrees to authorize escrow to release fees directly to SteepSteel at the closing of the trans- action based on the percentage outlined herein. 110 11 STEEPSTEEL CONSULTING & MANAGEMENT EXHIBIT B THE COUNTY'S CURRENT TELECOMMUNICATION SITES TO BE PROVIDED BY THE COUNTY 111 12 � N c x U L O O 00 = h m w m o, m 3 w c> N m y a Lm o o ,u ERZ w c w m W oc a d w¢ J v a a fo o y U — v co > 2 a o y a z a -c Y o Q m ._ p a o o- (DU ��z W , 3 o 2(i LJ J w p o w > a,0 J " r C G o) a o X V O o QQ c G ^ N C c Wc C VQVQ}} Z H C 3 ^ W E x m 6 z m U E c H N a W ¢ J YO p 2 O w Y W O E N>> LL a 2 E J O CLA C ^ C w w a a T d U LL V J vi = F.. N Op J .N... Q W c C LL J J O b J d H 3 a O l a p fC0 O 6 C J C n7 w a LL J OC J h W W U U @ V U U a`~ u u Q o E V -o vv O u 2 U a w u Z Z v ±' c0 N J J fo 'C O J H G, Loo O H W d U LL N 2 h d u '^ o p N N v a Z z d a ^ N vi E c :.J v p J ?� .O Z U —T+ N m J N 41 W N d o J O c, N p N V u w N d O J v,¢¢ w 11 C v o p¢ w a e Vf �.m v Z a Q 2 w E j w >i E y v r' > ?, E 3 lYi J J 'o v c m a`, a o 'm u m �. s W u Z y 2 0 m m d 2 m m y m 2 0 �ii v u o u c Q a o Z w a �_ v °_° m a m` c m ?i v vvw11 w Q a w Q�ii U u m- o wUm. Z'•`-' mo f00 Fm ov+m ou m 'v, o c nw cin`�zz a`, m > Z F m E C7 U Q LL F< U a 2> v, F- Z a LL Vf w > vi Z> v F- d Z N z U u Q mu am¢ Qm u amuam ¢ m a a oo Q¢muaam v c > ID0 m N m C � a LL O u L W L u @ L t Ln V m O T O O N N Zoo r > v Ln w .i Ln "O N a v a s r N v m"O = w o U g m 3 o o/ c' ` d> O j N L L L T L aJ L t6 L oo u W a o N U oo �..� U V V Ln o o m o o �n d o .. o o Ln m m m �n V, oo Ln m m m o m 1p n m Ln Ql o m v m o m In m n o v m m m �n lo oo 0o a ui m m .� m .-a r, oo a, m .� N am N v N r, wa In ul J w ¢ J ¢ a Z z Wcl: L c C cc o F a, O o o v H cL bo 3 0 0 W O V V 2 W w w Z O n > 3 O } c Z o ~ ¢ U Z Q V p Z N Q O O ¢ w O O C O a Q V m Z w ww C w- z W O m 0 11 z W w 3 w U H w ¢ ¢ w E o m 2, 0- p w 2 w O o H O w W Z ?: K W d' p H W w � p 1' 2 F Vf a K W 2 0 K W } a 2 u ~ a o o m o 3 W 3 J ~~ a w w 3 C a N o 0= 0 3 m o m o w 0 o a u Z o Q o i cc m m Z 3 u0 Q p mLn a 0 z x In w Q o x w a N w w w p2 a } l7 Z } a o w o N V1 V C7 Y x K w o u s — m o V oo N .-I N V1 N V1 M moo M N lD Vl w M 01 N STEEP STEEL CONSULTING & MANAGEMENT EXHIBIT C COMPENSATION SteepSteel's pricing shall be paid as follows: MANAGEMENT PACKAGES Twenty -Five Percent (25%) payment for any increase in lease/license revenue that SteepSteel negotiates above the current rent. SteepSteel shall receive this payment for ten (10) years from the date the increase in rent occurs as a result of SteepSteel's efforts. Invoices to be paid on a quarterly basis. Optional: STEEPSTEEL AUCTION EVENT PACKAGES Auction Event Packages: Six percent (6%) of final negotiated sales price will constitute the total of fee to be paid by the Member to SteepSteel for each SteepSteel Auction Event. SteepSteel agrees to advance all fees including the costs of all associated SteepSteel negotiations and marketing expenses for SteepSteel auction Events, as well as closing, escrow, and title fees. Member agrees to authorize escrow to release fees directly to SteepSteel at the closing of the transaction based on the percentages outlined herein. 113 13 STEEPSUER CONSULTING & MANAGEMENT If applicable, and on a case-by-case basis, pricing and scope of work for services related to short duration tasks and other consulting tasks as requested by the County shall be agreed to in writing by the Parties prior to performance of the work. Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: August 18, 2020 SUBJECT: Approval of 2020/2021 State Funded Subgrant Agreement (T0097) To Update Indian River County's Hazards Analysis The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year, the State of Florida has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $2,913.00. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County. FUNDING: This is a fixed fee, performance-based agreement and there is no requirement to match the allocation with county funds. Additionally, all work will be performed by county staff and there are no other associated costs. Funding in the amount of $2,913 will budgeted in the General Fund/Emergency Management/Other Operating Supplies/Hazardous Materials Grant account. Budget Amount 00120825-035290-06807 $2,913.00 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: 1. Budget office grant form. 2. Three (3) original contracts for Chairman's signature. 115 GRANT NAME: Hazardous Analysis Grant GRANT # T0097 AMOUNT OF GRANT: $ 2.913.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2020 Description Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% $ 011.13 5. Grant match amount required $ N/A N/A $ 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A $ 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or start up costs $ Fifth Year (Attach a detail listing of costs) $N/A $1 012.12 8. Are you adding any additional positions utilizin the grant funds? If yes, please list. (If additional space is needed., attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A Second Year $N/A $ $ 011.13 Other Salaries & Wages T N/A $ $ $ Fourth Year 012.11 Social Security N/A $ Fifth Year $ $1 012.12 Retirement -Contributions N/A 012.13 Insurance -Life & Health N/A 012.14 Worker's Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A $ N/A $2,91300 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $1 $ $ IF 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: September 15. 2020 116 Grant Amount Other Match Costs Not Covered Match Total First Year $2,913.00 $ N/A $ N/A $2,91300 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $1 $ $ IF Signature of Preparer: Date: September 15. 2020 116 Agreement Number: STATE -FUNDED GRANT AGREEMENT T0097 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County , (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the Terms and Conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. As required by section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient is required to perform. ii. A provision dividing the Agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the Agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the Terms and Conditions of the Agreement must be refunded to the Division. b. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (2) CONTACT 117 1 a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's Terms and Conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. , Monitor and document Recipient performance; and, ii. Review and document all deliverables for which the Recipient requests b. The Division's Grant Manager for this Agreement is: Donna Ray 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815- 4314 Email: donna.ray @em.myflorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Tad Stone, Director Indian River County Dept. of Emergency Services 4225 43rd Avenue, Vero Beach, FL 32967 Telephone: 772-226-3859 Email: tstohe@ircgov.com d. If different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the Terms and Conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (6) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (7) PERIOD OF AGREEMENT This Agreement shall begin July 1, 2020 and shall end on June 30, 2021, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance 118 2 with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (8) FUNDING a. This is a Fixed -Fee Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will pay the Recipient only for the successful completion of each deliverable. The maximum payment amount for each deliverable is outlined in Attachment A of this Agreement ("Budget"). The maximum payment amount for the entirety of this Agreement is Q $2,913.00 d. The Division will review any request for payment by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment G, which clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. e. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a Final Reconciliation Report. The Final Reconciliation Report must identify any funds paid in excess of the expenditures incurred by the Recipient. f. For the purposes of this Agreement, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. g. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (9) RECORDS a. As a condition of receiving State financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of 119 3 access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: hftp://dos.mvflorida.com/library- arch ives/records-management/general-records-sched ules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three (3) basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to the board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. d. Florida's Public Records Law provides a right of access to the records of the State and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. 120 4 e. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, and all other applicable laws and regulations. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. d. The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine (9) months from the end of the Recipient's fiscal year. e. The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: The Division of Emergency Management DEMSingleAuditeem.mvflorida.com OR Office of the Ins pector General 121 5 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ii. The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (11) REPORTS a. The Recipient shall provide the Division with a Close -Out Report in accordance with Attachment G. This Report shall include the current status and progress by the Recipient and all Sub - Recipients and subcontractors in completing the work described in the Scope of Work, in addition to any other information requested by the Division. b. The Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. c. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. d. The Recipient shall provide additional program updates or information that may be required by the Division. e. The Recipient shall provide additional reports and information identified in Attachment A. (12) MONITORING a. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment G to this Agreement and reported in the Close -Out Report. b. In addition to reviews of audits conducted in accordance with Paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance 122 6 and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY a. Unless Recipient is a State agency or subdivision, as defined in section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. Any Recipient which is a State agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; d. If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) days written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: 123 7 a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by Registered Mai ITM or Certified Mail®, Return Receipt Requested, to the address in Paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (16) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the Notification of Termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division 124 8 because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (17) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable State and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the Close -Out Report the subcontractor's progress and completion of its tasks and work performance under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. (18) ATTACHMENTS a. All Attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the Attachments, the language of the Attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following Attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Statement of Assurances Attachment D — Justification of Advance Payment Attachment E — Warranties and Representations Attachment F — Certification Regarding Debarment Attachment G — Schedule of Deliverables Attachment H — 302 Facility List Attachment I — Financial Invoice Form Attachment J — Hazard Analysis Checklist Attachment K — Hazard Analysis Site Visit (SV) Certification Form Attachment L — Statement of Determination (SOD) Form Attachment M — Close -Out Reporting Form (19) PAYMENTS a. Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is 125 9 requested, the budget data on which the request is based, and a justification statement shall be included in this Agreement as Attachment D. Attachment D will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a fixed -fee basis as needed. b. Invoices shall be submitted in accordance with Attachment G and shall include the supporting documentation for the project or services. The Final Invoice shall be submitted within sixty (60) days after the expiration date of the Agreement. An explanation of any circumstances prohibiting the submittal of timely invoices per deliverable due date shall be submitted to the Division Grant Manager as referenced in Paragraph (11) REPORTS of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the State Chief Financial Officer or under Paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its Close - Out Report within thirty (30) days of receiving notice from the Division. (20) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (21) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable Statute or rule, or is unenforceable, then the provision shall 126 10 be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea•), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. Any Recipient which is not a local government or State agency, and which receives funds under this Agreement from the State government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal, State or local department or agency; ii. Have not, within a five (5) year period preceding this Agreement been convicted of or had a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under public transaction; violation of Federal or State Antitrust Statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any offenses enumerated in Paragraph (21)(g)(ii) of this certification; and iv. Have not within a five (5) year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment F) for each intended subcontractor that Recipient plans to fund under this 127 11 Agreement. The Form must be received by the Division before the Recipient enters into a contract with any subcontractor. h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. j. Any bills for travel expenses shall be submitted in accordance with section 112.061, Florida Statutes. k. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. m. The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All meetings shall be publicly noticed, open to the public, and the minutes of all meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. o. All expenditures of State financial assistance shall be in compliance with laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. p. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r. Section 287.05805, Florida Statutes, requires that any State funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the State a security interest in the property at least to the amount of State funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. 128 12 s. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (22) LOBBYING PROHIBITION a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the Judicial Branch, or a State agency." b. No funds or other resources received from the Division under this Agreement maybe used directly or indirectly to influence Legislation or any other official action by the Florida Legislature or any State agency. (23) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. 129 13 The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. d. If the Recipient qualifies as a State University under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (24) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 130 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: By: Name and title: Date: FEID# Include a copy of the Delegation of Authority for the Signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Date: 131 15 STATE C.}F FCORIDA DIVISION OF EMERGENCY MANAGEMLIVT RON DESANTIS Govemor DELEGATION OF AUTHORITY To: Ashley Davis, Bureau Chief of Response From: Jared Moskowitz, Director Date: April 24, 2019 JARED MOSKOWITZ Director In your capacity as Bureau Chief of Response, you are authorized to act for me as specified below: 1. To execute and/or modify grant agreements, subgrant agreements, and other agreements involving Federal or State financial assistance for programs administered by the Bureau of Response; 2. To approve reimbursement requests and make payments in support of contracts, grants, or other forms of agreement for programs administered by the Bureau of Response; 3. To approve Travel Authorization Requests (TARS) for all authorized in-state travel by Bureau of Response Employees (Your own travel will be approved by me or my designee); and, 4. To approve claims for travel reimbursement for expenses incurred by personnel within the Bureau of Response (Your own travel will be approved by me or my designee); and, 5. To approve requisitions for purchase orders of an amount less than $35,000 (Any requisitions for purchase orders in excess of $35,000, or requiring the approval of the Department of Management Services, shall be reviewed and approved by the Director or his designee); and, 6. To approve Emergency Management Assistance Compact (EMAC) mission requests; 7. To submit and approve Fire Management Assistance Grant (FMAG) requests. The exercise of any delegated authority must be in accordance with all applicable laws and rules and the Division's policies and procedures. The Delegation supersedes all previous delegations and it shall remain in effect superseded or rescinded. until DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CENTER 2555 Shumard.0ak Blvd Tei:850-a15-4000 2702 Directors Row Tallahassee, FL 32399-21 Orlando, FL 32809-563 132 16 A copy of this memorandum shall be maintained by Division Legal. "IN Jar# Moi <owitz, Director Division Legdl Legal, Personnel, Procurement, Inspector General, Financial Administrator 133 17 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project - State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance Title: Hazardous Materials Planning & Prevention Program Catalog of State Financial Assistance Number: 31.067 $ $2,913.00 (Amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Florida Emergency Planning and Community Right -To -Know Act (Chapter 252, Part II, Florida Statutes) 2. Hazards Analysis Contract Checklist and CAMEOfm Guide (Attachment J) 3. U.S. Environmental Protection Agency's Technical Guidance for Hazards Analysis https://www.epa.gov/epera/technical-quidance-hazardous-analysis-emergency-planning- extremely-hazardous-substances NOTE: 2 C.F.R. Part 200, and section 215.97(5)(a), Florida Statutes, require that the information about State Projects included in Exhibit 1 be provided to the Recipient. 134 18 Attachment A Budget and Scope of Work Budget Recipient: Indian River County Performance Period: July 1, 2020 - June 30, 2021 Agreement Number: 10097 1. First Payment (40% of Contract Amount) $ $1,165.20 25% Analysis (Deliverable 1) submitted will be reviewed and must be approved before invoice can be submitted. 2. Second Payment (40% of Contract Amount) $ $1,165.20 25% Analysis (Deliverable 2) submitted will be reviewed and must be approved before invoice can be submitted. 3. Final Payment (20% of Contract Amount) $ $582.60 Final Payment will not be made without required transmittal verifications, and final approved zip file uploaded to SharePoint folder. TOTAL AMOUNT $ $2,913.00 Purpose On October 17, 1986, Congress enacted the Emergency Planning and Community Right -to -Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). EPCRA requires hazardous chemical emergency planning by Federal, State and local governments, Indian Tribes, and industry. Additionally, EPCRA required industry to report on the storage, use and releases of certain hazardous materials (HazMat). At the Federal level, the U.S. Department of Environmental Protection Agency (EPA) administers EPCRA. At the State level, the Florida Division of Emergency Management (FDEM) serves as the lead agency responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by the Director of FDEM, the State Emergency Response Commission for Hazardous Materials (SERC) serves as a technical advisor and information clearinghouse for State and Federal hazardous materials (HazMat) programs. Additionally, the SERC conducts quarterly public meetings in varying locations throughout the State. Currently, SERC membership consists of 28 Governor appointed individuals who represent the interests of State and local government, emergency services, industry. and the environment. At the district level, Regional Planning Councils (RPCs) each coordinate the activities of a Local Planning Committee (LEPC) that: (1) performs outreach functions to increase hazardous materials (HazMat) awareness; (2) collects data on hazardous materials stored within the geographical boundaries of the RPC; (3) develops hazardous materials emergency plans for use in responding to and recovering from a release or spill of hazardous or toxic substances; (4) submits hazardous materials emergency plans to 135 19 the SERC for review; (5) provides the public with hazardous materials information upon request. LEPC membership consists of local professionals representing occupational categories such as firefighting, law enforcement, emergency management, health, environment, and transportation. At the local level, each of Florida's 67 Counties performs a Hazards Analysis (HA) (a county may elect to contract with the Regional Planning Committee (RPC) or qualified vendor). The Counties' Hazards Analysis (HA) data is included in the LEPC Emergency Response Plan (ERP) for Extremely Hazardous Substances (EHSs) required under EPCRA and encompasses; identification of facilities and transportation routes of Extremely Hazards Substances (EHS); description of emergency response procedures; designation of a community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency notification procedures; description of how to determine the probable affected area and population by releases; description of local emergency equipment and facilities and the persons responsible for them; outline of evacuation plans; a training program for emergency responders; and, methods and schedules for exercising emergency response plans. This Agreement provides funding so that the Recipient can assist in maintaining the capability necessary to perform the duties and responsibilities required by EPCRA. The Recipient shall conduct Hazards Analyses (HA) for 50% of the facilities listed in Attachment H which have reported to the SERC the presence of those specific Extremely Hazardous Substances (EHSs) designated by the U.S. Environmental Protection Agency in quantities above the Threshold Planning Quantity (TPQ). The data collected under this Agreement will be used to comply with the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right -To -Know Act of 1986" and the Florida Emergency Planning and Community Right -To -Know Act, Florida Statutes, Chapter 252, Part II. Requirements A. The Recipient shall submit a list of facilities within the geographical boundaries of the County or Counties listed on Attachment H that are suspected of not reporting to the State Emergency Response Commission (SERC) the presence of Extremely Hazardous Substances (EHSs) in quantities above the Threshold Planning Quantity (TPQ), as designated by the U. S. Environmental Protection Agency. B. The completed Hazards Analysis (HA) shall comply with the site-specific Hazards Analysis (HA) criteria outlined below for each facility listed in Attachment H. The primary guidance documents are Attachment J (Hazards Analysis Contract Checklist and CAMEOfm Guide) to this Agreement and the U.S. Environmental Protection Agency's "Technical Guidance for Hazards Analysis" at; https://www.epa.gov/epera/technical-quidance-hazardous-analysis-emergency-planning- extremely-hazardous-substances. All Hazards Analyses (HA) shall be consistent with the provisions of these documents. Any variation from the procedures outlined in these documents must be requested in writing, submitted in advance and approved by the Division. C. Consult the Tier II Report in E -Plan prior to any on-site visits or phone updates for all facilities to be updated. Compare the E -Plan Tier II Report with information in the CAMEOfm Facility Page for each facility. Discuss any discrepancies with Facility Representatives during the on-site visit. D. Conduct an on-site visit at each Attachment H facility to ensure accuracy of the Hazards Analysis (HA). Each applicable facility's Hazards Analysis (HA) information shall be entered into the U.S. Environmental Protection Agency's CAMEOfm http://www.epa.ciov/cameo/cameo-software. Each facility Hazards Analysis (HA) shall include, but is not limited to, the following items: 1. Facility Information (CAMEOfm Facility Page) (a) Enter the facility name (per Attachment H) in the Facility Name field. (b) Enter the SERC number in the Department field. (Do not add the SERC Acronym just the number). 136 20 (c) Enter the Tier II Report year in the top right-hand corner of the main Facility Page. (d) Enter the facility physical address (no Post Office Box) in the Street Address fields of the Address tab. (e) Enter the geographic coordinates (in decimal degrees) in the latitude/longitude fields of the Map Data tab. (f) Enter the Facility phone number in the Facility Phones tab field. (g) Enter the name, title and 24-hour phone number of the designated facility emergency coordinator in the Contacts tab field. (h) Enter the main route(s) used to transport chemicals to the facility (from the County line to the facility) in the Notes tab of the Facility Page. (i) Enter the route(s) used to exit the Threat Zone(s) in the Notes tab of the Facility Page or link the facility to a Marplot map that graphically shows the evacuation routes. This image must be available off-line if this alternative method is selected. A map - capture from Marplot may be saved as an alternative method. Q) Enter any past reportable releases that have occurred in the last five (5) years at the facility in the Notes tab of the Facility Page. Include a copy of the Section 304 follow- up report submitted to the LEPC. If it is determined that a facility has not had an accident, that shall be noted. (k) Enter the maximum number of occupants present at the facility at any given time in the Maximum Number of Occupants Fields on the ID and Regs tab. (1) Select either the manned or unmanned check box and whether the facility is subject to Section 112(r) and/or Section 302 of EPCRA. All facilities should be subject to Section 302 unless a Statement of Determination (SOD) was submitted. 2. Hazard Identification (CAMEOfm Chemical in Inventory Page) (a) For each Extremely Hazardous Substance (EHS) present over the Threshold Planning Quantity (TPQ), create a Chemical in Inventory page (if a Chemical in Inventory page hasn't been created already) and enter the proper Chemical Name and Chemical Abstract Service (CAS) number. (b) Choose the appropriate description for the Type of Storage Container (drum, cylinder, tank etc.), Storage Pressure (ambient, greater than ambient etc.), and Storage Temperature (ambient, greater than ambient etc.) of each Extremely Hazardous Substance (EHS) in those fields on the Location tab. (c) On each Chemical in Inventory page created for each Extremely Hazardous Substance (EHS) present over the TPQ, enter in pounds (not range codes) the maximum quantity of each Extremely Hazardous Substance (EHS) in the Max Daily Amount field of the Physical State and Quantity tab. (d) Enter the amount (in pounds) of each Extremely Hazardous Substance (EHS) stored in the largest container or interconnected containers in the Max amount in largest container field of the Physical State and Quantity tab (this is the amount used to determine the Vulnerable Zone in the scenario). 137 21 (e) Enter the Nature of the Hazard in the Physical State and Quantity tab section in the Hazards subtab (acute, chronic, fire, pressure, etc.). See CAMEOfm Chemicals at the top right and click box — look -up "Chemical". 3. Vulnerability Analysis (CAMEOfm Scenario Page) (a) For each Extremely Hazardous Substance (EHS) present over the Threshold Planning Quantity (TPQ), create a New Scenario page (if a Scenario page hasn't been created already) and enter the maximum amount in the largest container or interconnected containers in the Amount Released field of the Scenario Description tab. (b) On the Scenario page(s) Scenario Description tab, enter the concentration percentage in the Concentration field. (c) On the Scenario page(s) Scenario Description tab, enter the release duration in the Release Duration field as follows: (1) Gases —10 minutes (2) Powders or Solids in Solution — 10 minutes (3) Liquids — No value shall be entered (d) Enter the proper natural physical state of the chemical at room temperature in the physical state field (as specified in CAMEOfm Chemicals). (e) On the Scenario page(s) Scenario Description tab, use the weather default settings or, enter average wind speed. Alternate scenarios may also be entered. (f) On the Scenario page(s) Scenario Description tab, rate the Risk, Consequences and Overall Risk of a release occurring at the facility on the bottom of the Scenario Page (the Risk Assessment should be based upon the Extremely Hazardous Substance EHS), previous release history, maintenance conditions etc.). (g) After entering the information noted above on the Scenario Description tab and clicking on the Estimate Threat Zone Radius button, CAMEOfm will automatically estimate the extent of the threat zone that may cause injury or death to human populations following a release. (h) On the Scenario page(s) notes tab, enter an estimate of the total exposed population within the threat zone(s) or link the facility location to a Marplot map where the threat zone population may be estimated based on the most recently available Census data. This image must be available off-line if this alternative method is selected. A map -capture from Marplot may be saved as an alternative method. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and write on the Notes tab/Scenario page where the Total Exposed Population can be found. Add the file name. Example: Total Exposed Population: See Marplot map (name of map SERC#TEP) (i) On the Scenario page(s) notes tab, identify each critical facility by name and maximum expected occupancy within the threat zone(s) (schools, day cares, public safety facilities, hospitals, etc.). If there are no critical facilities within the threat zone(s), that shall be noted. An alternative method is to link the facility location to a Marplot map in which a critical facilities geographic shape filed has been loaded. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and write on the Notes tab/Scenario page where the Critical Facility information can be found. Add the file name. Example: Critical Facilities: See Marplot map (name of map SERC#CF). 138 22 E. Supporting documentation may include Site Visit (SV) Certification Form, Statement of Determination or dated letter/email to the SERC, LEPC, and local fire department from the facility identifying the date removed and the reason the EHS is no longer present. Documentation shall be submitted to the Division with a list of the facilities for which a Hazards Analysis (HA) was not completed. F. On -Site Visits 1. Conduct a detailed on-site visit, within the period of this Agreement, for all the facilities selected for review this grant year from Attachment H. Confirm the accuracy and completeness of information in the Hazards Analysis (HA). Upload to the Facility Page Site Plans Tab. 2. Submit a completed Hazards Analysis Site Visit (SV) Certification Form (Attachment K) for each facility visited to the Division (file name must contain at minimum the SERC number, if applicable, and the acronym SV). If the SERC number is not available, facility name, and the acronym SV (additional information allowed but not required). Upload to the Site Plan Tab of the CAMEOfm Facilities Page for each facility visited or updated by phone. (a) Sulfuric Acid (Battery) Exemption facilities. On-site visit exception for sulfuric acid (batteries), does NOT apply to bulk storage of sulfuric acid. (1) For facilities listed on Attachment H that report the presence of only sulfuric acid in batteries, an initial on-site visit is required and an Site Visit (SV) Certification Form (Attachment K) signed and dated by the facility representative and the Recipient shall be submitted to the Division. (2) In agreements subsequent to the initial on-site visit, the Recipient shall contact the facility representative by email or telephone to verify the presence of all Extremely Hazardous Substances (EHSs). The Site Visit (SV) Certification Form shall be signed by the Recipient and identify the facility representative, date of contact and the facility name and SERC number. Another on-site visit is not required in subsequent agreements, unless, the facility reports the presence of another Extremely Hazardous Substance (EHS) above Threshold Planning Quantity (TPQ). Nothing additional needs to be updated except new contact information, site plans or sulfuric acid battery changes if applicable. (3) If a facility representative reports the presence of an Extremely Hazardous Substance other than sulfuric acid in batteries, subsequent to the period of agreement in which the initial site visit was conducted, the Recipient shall conduct an on-site visit, complete all applicable CAMEOfm pages and tabs and submit a completed Site Visit (SV) Certification Form (Attachment K) to the Division. 3. For each facility for which a Hazard Analysis is conducted, a Hazard Analysis Site Visit (SV) Certification Form (Attachment K), a Site Plan (SP), and if applicable a Statement of Determination (SOD) (Attachment L) must be UPLOADED to the site plan tab of the CAMEOfm Facilities Page. File name must contain at a minimum, the SERC number, if applicable, and the acronym SV, SP, and SOD, if applicable (additional info allowed but not required). 139 23 The Site Plan (SP) shall contain sufficient detail to provide situational awareness and at a minimum include: (a) Location of Major Buildings. North Arrow (b) Name and location of Extremely Hazardous Substance(s) (EHS(s)). If Extremely Hazardous Substances are co -located, noting EHS is acceptable. (c) Provide sufficient detail to identify where the Extremely Hazardous Substances (EHS) are stored. (d) Name and location of street(s) in immediate vicinity, provide minimum of one cross street and the street the facility is located on. North Arrow. (e) Identify pertinent access and egress point(s) (f) Note any additional features and details pertinent to HazMat and medical response. G. Deliverables — See Attachment G Schedule of Deliverables. All Deliverables shall be submitted through SharePoint. When Notifications are sent, the Division must receive transmittal documentation. A final Division -approved CAMEOfm zip file must be uploaded to SharePoint. REIMBURSEMENT CONDITIONS Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for successful completion of the deliverable task(s) required by this Agreement. However, the following limitations shall apply: • First payment, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement unless the Recipient completes multiple deliverables. • Second payment, the Division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement unless the Recipient completes multiple deliverables. • Third payment, the Division shall not reimburse the Recipient for an amount that exceeds 20% of the overall amount authorized by this Agreement unless the Recipient is submitting for multiple deliverables. If extraordinary circumstances exist, then the Recipient can request permission from the Division to exceed the 40% cap for a particular payment. However, under no circumstances shall the cumulative reimbursement amount for payments one (1) and two (2) exceed 80% of the overall amount authorized by this Agreement unless all three (3) Deliverables have been met. FINANCIAL CONSEQUENCES Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in one of the following penalties. • A 20% reduction of the overall amount authorized by this Agreement and/or • Payment will be reduced by $110.00 per facility with incorrect or incomplete CAMEOfm files Failure to submit deliverables within fifteen (15) days of their due date may result in the following penalty: • Reduction of the deliverable payment amount to the Recipient by 25% for each thirty (30) day period following the aforementioned fifteen (15) day grace period. The first 25% reduction will 140 24 thus take effect sixteen (16) days after the due date, and each subsequent 25% reduction will take effect thirty (30) days after the previous reduction. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task and/or complete a deliverable required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 141 25 Attachment B Program Statutes and Regulations 1. Emergency Planning and Community Right -to -Know Act (EPCRA), Title III of the Superfund Amendments Reauthorization Act of 1986, 42 U.S.C. s. 1101, et seq. (SARA Title III). 2. Florida Emergency Planning and Community Right -to -Know Act, Chapter 252, Part II, Florida Statutes. 142 Attachment C Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal Statutes, and State of Florida laws, regulations, policies, guidelines and requirements, and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule that govern the application, acceptance and use of State funds for this State -funded Agreement. The Applicant assures and certifies that: 1. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 3. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 4. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 5. It will ensure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the deliverables are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Division of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 6. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 8. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for Grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 143 27 Attachment D JUSTIFICATION OF ADVANCE PAYMENT If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS: (list applicable line items) Anticipated Expenditures TOTAL EXPENSES LINE ITEM JUSTIFICATION: For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 144 28 Attachment E Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowable and reasonable under the provisions of the applicable OMB cost principles and the Terms and Conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent 145 29 conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all work for which they are hired by the Recipient. 146 30 Attachment F Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective Subcontractor, of the Recipient certifies, by submission of this document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by.any Federal department or agency. (2) Where the Recipient's Subcontractor is unable to certify to the above statement, the prospective Subcontractor shall attach an explanation to this Form. SUBCONTRACTOR: Recipient's Signature Recipient's Printed Name Name and Title FDEM Agreement Number Street Address Project Number (if applicable) City, State, Zip Date 147 31 Attachment G Schedule of Deliverables Deliverable Deliverables Due Date Price Financial # Consequences Provide completed CAMEOfm files for 25% of facilities listed in Attachment H, and upload into the FDEM designated SharePoint folder. • Provide a list identifying the names of facilities submitted Subject to the in the Deliverable. Identify the facility name, SERC Financial number, site visit date, and SOD (when applicable) for November 15, 40% of Consequences all facilities. 2020 Contract section of • Provide completed Attachment K Site Visit (SV) Amount Attachment A, Certification Forms, and Attachment L Statement of Budget and Scope Determination (SOD) Forms when applicable, to the of Work. FDEM Grant Manager. • Provide Attachment I Financial Invoice Form to the FDEM Grant Manager following Deliverable review and approval. This is not subject to the Deliverable due date. • Provide completed CAMEOfm files for 25% of facilities listed in Attachment H, and upload into the FDEM designated SharePoint folder. • Provide a list identifying the names of facilities submitted Subject to the in the Deliverable. Identify the facility name, SERC Financial number, site visit date, and SOD (when applicable) for 40% of Consequences 2 all facilities. March 15, 2021 Contract section of • Provide completed Attachment K Site Visit (SV) Amount Attachment A, Certification Forms, and Attachment L Statement of Budget and Scope Determination (SOD) Forms when applicable, to the of Work. FDEM Grant Manager. • Provide Attachment I Financial Invoice Form to the FDEM Grant Manager following Deliverable review and approval. This is not subject to the Deliverable due date. • Provide completed Hazards Analysis (HA) (CAMEOfm zip file) to the Local Emergency Planning Committee (LEPC) if applicable and provide FDEM with Final Payment will notification of transmittal. not be made • Notify first responders and Attachment H facilities of the 20% of without required 3 availability of HA information and provide the FDEM June 15, 2021 Contract transmittal Grant Manager with the notification of transmittal. Amount verifications, and • Upload the final "approved' CAMEOfm zip file into final APPROVED zip file uploaded. SharePoint. Use naming convention (County name, Final HA, Year). 60 days after 4 • Provide completed Attachment M Close -Out Report contract Form to the FDEM Grant Manager. termination The Deliverables and Financial Consequences are subject to the Terms and Conditions throughout this Agreement and Attachment A, Budget and Scope of Work. 148 32 Attachment H 2020-2021 SECTION 302 HA FACILITY LIST This is your Counties' entire Section 302 Extremely Hazardous Substances (EHSs) List obtained from E -Plan. Select 50% of the highest risk facilities to inspect this grant year. If you become aware or know of a chemical facility near a school, large residential apartment complex, or other high-risk areas, put that facility on your list to inspect. Try to select facilities that pose a greater risk based upon the chemicals present, the chemicals' amounts, previous releases, etc. This year's Section 302 EHS HA data was extracted from E -Plan in June 2020. If you know of facilities that you believe still have chemicals on-site from recent site visits or from other historical data you have on file that should be reporting, but are not on this list: • Contact the facility directly and ask them to report if possible. • Contact FDEM staff listed below so that the facility can be added to the Division's Potential Non -Filer List. • Sam. Bracketteem. myflorida.com • , Robert.Dietrich@em.myflorida.com • Remember: Complete only 50% of your entire Section 302 EHS List this grant year. • Choose 25% of the Section 302 EHS facilities on this list for Deliverable 1 • Choose 25% of the Section 302 EHS facilities on this list for Deliverable 2 PLEASE REFER TO THE FACILITIES ATTACHMENT LIST SENT VIA EMAIL WHICH SERVES AS THE BASIS FOR THIS ATTACHMENT. 149 33 Indian River County ATTACHMENT H — 302 EHS Facility List 2020/2021 FACILITY LISTING FACILITY NAME SERC CODE DATE OF SERC # REASON SITE VISIT CITY OF VERO BEACH— Plant is physically 21505 State Road 60 WATER TREATMENT PLANT located in Jeff Howard 2515 Airport North Drive 1107 978-5235 Vero Beach, FL 32960 CITY OF VERO BEACH — WASTE WATER TREATMENT PLANT Steve Utter 17 171h Street 1108 978-5292 Vero Beach, FL 32960 CVS PHARMACY— DISTRIBUTION CENTER 8701 Todd Janson 2575 981h Avenue 34821 772-559-7683 Vero Beach, FL 32966 CVS PHARMACY— DISTRIBUTION SATELLITE #08705 Todd Janson 1620 90th Avenue 48956 772-559-7683 Vero Beach, FL 32966 INDIAN RIVER COUNTY Terry Southard HOBART R.O. TREATMENT PLANT 22701 226-3404- 26-34047751 7751581h Avenue Vero Beach, FL 32966 INDIAN RIVER COUNTY SOUTH COUNTY R. 0. TREATMENT PLANT Terry Southard 1550 SW 9th Street 6689 226-3404 Vero Beach, FL 32962 SAM'S CLUB SULFURIC ACID 5565 201h Street TELEPHONE Vero Beach, FL 32960 41059 VERIFICATION Julie Angle 978-9385 SYGENTA CROP PROTECTION 7145 581h Avenue Jeff Long Vero Beach, FL 32967 1095 766-4061 Jeff Lon 766-4061 THE FOLLOWING FACILITIES WERE LISTED ON ATTACHMENT "H" BUT A HAZARDS ANALYSIS WAS NOT COMPLETED FACILITY NAME SERC # REASON Okeechobee Clean Energy Center Plant is physically 21505 State Road 60 50185 located in Okeechobee, FL 34972 Okeechobee Co. Page 1 of 1 150 ATTACHMENTI FINANCIAL INVOICE FORM 2020-2021 HAZARDS ANALYSIS GRANT AGREEMENT RECIPIENT: Indian River County AGREEMENT #: T0097 ADDRESS: PERIOD OF PERFORMANCE: FEIN #: DELIVERABLES & INVOICE AMOUNTS AMOUNT AMOUNT REQUESTED APPROVED # MINIMUM PERFORMANCE REQUIREMENTS BUDGET AMOUNT PER DELIVERABLE BY SUB -RECIPIENT BY FDEM No later than November 15, 2020, provide completed CAMEOf n files for 25% of 40% of HA 1 facilities listed in Attachment H. Agreement $1,165.20 Hazards Analysis submissions are reviewed and Amount must be approved before invoice is submitted. No later than March 15, 2021, provide completed CAMEOfm files for 25% of 40% of HA 2 facilities listed in Attachment H. Agreement $1,165.20 Hazards Analysis submissions are reviewed and Amount must be approved before invoice is submitted. No later than June 15, 2021, provide a complete correct copy of the "approved" HA CAMEOf n file 20% of HA 3 to the LEPC and FDEM with a copy of the Agreement $582.60 transmittal letter. Upload the final "approved" Amount CAMEOfin zip file into SharePoint folder. TOTAL AMOUNTS: $0.00 TO BE COMPLETED BY FDEM I certify to the best of my knowledge and belief the billed costs are in accordance with the Terms and Conditions of the Hazards Analysis Agreement. Signature ofAuthorized Official Date TOTAL HA GRANT AMOUNT: AMOUNT PREVIOUSLY PAID: AMOUNT PAYABLE THIS INVOICE: REMAINING BALANCE: , 36 2020.21 ILA Attachment lFlnancialInvoice Form Updatelel.%2020 Attachment J Hazard Analysis Contract Checklist and CAMEOfm Guide Facility Information: CAMEOfm Facility Page Facility Name {per Attachment H) (Facility Page) Department field is where the SERC number goes. Do not add the SERC acronym just the number. Enter the current Tier II report year (Top right-hand corner main facility page) Facility Physical Address (Facility Page) Latitude and Longitude in Decimal Degrees (ex. 30.197, -84.36211 (Map Data Tab on Facility Page) Facility Phone Number (Facility Phones Tab on Facility Page) Facility Emergency Coordinator Name, Title and 24-hour Emergency Phone Number (Contact Tab on Facility Page) Transportation Route(s) from County Line to the Facility. (Notes Tab on Facility Page) Evacuation Route(s) to exit the Vulnerable Zone. (Notes Tab on facility Page) Historical Accident Record - If none, please note. (Notes Tab on Facility Page) Facility Maximum Occupancy - a minimum of one is required for unmanned facilities. (ID Codes Tab on facility Page) Facility Page (ID and Regs Tab) Mark correct 112(r) and Section 302 check boxes, max occupancy, facility manned or unmanned. Hazard Identification: CAMEOfm Chemical in Inventory Page for each Extremely Hazardous Substance on-site Update Chemical in Inventory page for each Extremely Hazardous Substance Present over the TPQ (Chemical in Inventory Page(s)) Enter Chemical Abstract Service (CAS) Number and Proper Chemical Name (Chemical in Inventory Page(s)) Type/Design, Pressure and Temperature of Container(s) cylinder, battery, ambient etc. (Chemical in Inventory Page{s), Location Tab) Physical State in Storage (ex. mixture, pure, liquid, gas} (Chemical in Inventory Page{s), Physical State and Quantity Tab) Enter max daily, average daily amount in lbs. (Chemical in Inventory Page(s), Physical State and Quantity Tab) Enter amount in Largest Container or Interconnected Containers (Chemical in Inventory Page(s), Physical State and Quantity Tab) This is the amount to be used in the scenario release. Nature of the Hazard {ex. acute, chronic, fire, pressure, etc.} Chemical in Inventory Page(s), Physical State and Quantity Tab- Hazards Vulnerability Analysis: CAMEOfm Scenario Page for each Extremely Hazardous Substance on-site Enter maximum amount in largest container or interconnected containers in the Amount Released field (Scenario Description tab) (This amount must be the same as the Chemical in Inventory page Maximum amount in largest container tab amount) Enter the concentration percentage in the Concentration field (Scenario Description tab) Enter Release Duration - 10 minutes for gases, solids in solution or powders; no entry for liquids is required. (Scenario Description tab) Determine the natural Physical State specified in CAMEOfm Chemicals, and enter in the Physical State field (Scenario Description tab) Weather Information - Use the weather default settings or enter average wind speed. Do not enter a value in the Wind from field, Urban or Forest is recommended in the Ground Roughness field. (Scenario Description tab) Risk Assessment - Rate the Risk, Consequences and Overall Risk of a release occurring (based upon release history etc.). (Scenario Description tab) Extent of Vulnerable Zone - CAMEOfm automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius buttons are used. (Scenario Description tab) Enter estimate of Total Exposed Population (Notes Tab on Scenario Page(s)) Enter Critical Facilities {name of critical facility(s) and max occupancy for each; if none, state No Critical Facilities} (Notes Tab on Scenario Page{s)) On -Site Visits, Statements of Determination, and Site Plans For each Facility within the Agreement Period. Site Visit Certification (SV) Form (Upload to Site Plan Tab on Facility Page). File name must contain at minimum the SERC number if applicable and SV — if SERC number is not available facility name and SV. Phone call updates for the Sulfuric Acid Battery Exemption Facilities must indicate who made the call, the name of the facility representative spoken to, and the date of call. Statement of Determination (SOD) if applicable (Upload to Site Plan Tab on Facility Page). File name must contain at minimum SERC number if applicable and proper acronym SOD - if SERC number is not available facility name and SOD, if applicable. Site Plan (SP) (Upload to Site Plan Tab on Facility Page) File name must contain at minimum the SERC number if applicable and SP — if SERC number is not available the facility name and SP — additional info encouraged but not required. Sufficient Detail to Identify: North Arrow Location of Major Buildings Name and Location of Extremely Hazardous Substance(s) if Extremely Hazardous Substances are co -located, noting EHS is acceptable. Name and Location of Street(s) - List the street the facility is on and at a minimum one cross street. Identify Pertinent Access and Egress Points and other features pertinent to Emergency Response. 152 37 ATTACHMENT K Hazards Analysis Site Visit (SV) Certification Form 2020-2021 Hazards Analysis Grant FLORIII • rm cr�s.c. esswxis. mw.ctt.. mr �.unoom w.nruu PLEASE PRINT FACILITY NAME STREET ADDRESS, CITY & ZIP CODE COUNTY NAME OF FACILITY REPRESENTATIVE SERC ID # FACILITY REPRESENTATIVE SIGNATURE DATE SIGNED SITE VISIT PERFORMED BY SITE VISIT DATE SIGNATURE The Individuals signing above certify that a Hazards Analysis Site Visit was conducted on the date listed above. If a telephone update was conducted instead of site visit, please check the box. NOTES ❑ Check if facility representative was informed about using E -Plan for EPCRA Tier II on-line filing. (https:Herplan.net/eplan/login.htm) 153 38 2020-21 HA Atlae6meat K Hazards Analysis Siie Yuit (St) Cert frntion Form Updated 6110/2020 ATTACHMENT L Statement of Determination (Check Only One) ❑ Exempt from Reporting for Filing Year ❑ Deregistration (Due to Chemicals Being Removed or Under Threshold for the Filing Year) (Facility Decommissioned) _ SITE INSPECTION DATE: FACILITY NAME: PHYSICAL ADDRESS, CITY & ZIP: LEPC: COUNTY: SERC # ❑ Extremely Hazardous Substance(s) EHSs WERE present on-site during the current filing year, but only in DATE SECTIONS amounts below the established Threshold Planning Quantities (TPQ). AS OF THIS DATE: 302-303 ❑ EHSs WERE present on-site during the during the current filing year. DATE ❑ NO EHSs WERE present on-site during the current filing year. ALL EHSs WERE REMOVED AS OF THIS DATE: ❑ Extremely Hazardous Substance(s) EHSs WERE present on-site during the current filing year, but only in DATE SECTIONS amounts below the established Threshold Planning Quantities (TPQ). AS OF THIS DATE: 311-312 ❑ EHSs WERE present on-site during the during the current filing year.DATE ❑ NO EHSs WERE present on-site during the current filing year. ALL EHSs WERE REMOVED AS OF THIS DATE: ❑ Not within covered NAICS Codes. SECTION ❑ Within covered NAICS Codes, but less than ten (10) employees. 313 ❑ Within covered NAICS Codes, but NO Section 313 chemicals WERE present on-site during the current filing DATE year. ALL SECTION 313 CHEMICALS WERE REMOVED AS OF THIS DATE: ❑ Within covered NAICS Codes, and Section 13 chemicals WERE present on-site during the current filing year, DATE but only in amounts below the established Threshold Planning Quantities (TPQ). AS OF THIS DATE: CLOSED FACILITY CHEMICALS CHEMICALS BELOW FACILITY CLOSED/CHEMICALS REMOVED ESTABLISHED TPQs REMOVED BY DATE: OTHER ❑ YES []NO ❑YES ❑ NO ❑ YES ❑ NO NEW FACILITY DATE EHS(s) WERE ON-SITE: ❑ YES ❑ NO DATE EHS(s) EXCEEDED THE ESTABLISHED TPQ: Further Explanation ifNecessary: Certification: (Read and Sign After Completing All Applicable Sections) I certify under penalty of law that I have personally examined and am familiar with the information submitted on this page, and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. Printed Name of Owner/Operator OR Owner/Operator's Authorized Representative Signature Date Signed By signing this Form, I certify to the best of my knowledge and belief that the information reported is in accordance with the terns and conditions of this Agreement. Signature of LEPC Coordinator/County Official or Authorized Representative Date Signed 39 HMP -13-00 2020.21 HA Attachment L Statement of Determination (SOD) Form Updated on NiW2020 ATTACHMENT M CLOSE-OUT REPORT FORM 2020-2021 HAZARDS ANALYSIS GRANT AGREEMENT This form should be completed and submitted to the Division no later than sixty (60) days after the termination date of the Agreement. SUB -RECIPIENT: Indian River County ADDRESS: GRANT # T0097 AGREEMENT AMT: $2,913.00 For Each Deliverable, Enter the Award Amount from Attachment A - Budget and Scope of Work. COST CATEGORY HA AGREEMENT DATE SUBMITTED TOTAL AMOUNT PAID UNUSED BALANCE: DELIVERABLE AMOUNTS PER DELIVERABLE Deliverable 1 $1,165.20 Deliverable 2 $1,165.20 Deliverable 3 $582.60 Total Deliverables Total Paid for Amount: $2,913.00 Completed Deliverables: $0.00 HA AGREEMENT AMOUNT: $2,913.00 AMOUNT PREVIOUSLY PAID: $0.00 UNUSED BALANCE: $2,913.00 By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the Terms and Conditions of the State -Funded Hazards Analysis Agreement. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise as proscribed by law. Signature Printed Name & Title Date Signed 40 2020-21 HA Attachment MCIose-Out Report Form Updated 611012020 RESOLUTION 2020 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS ADOPTING A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR INDIAN RIVER COUNTY WHEREAS, Chapter 252, Florida Statutes, Disaster Preparedness Act, establishes a Division of Emergency Management (DIVISION) and prescribes the powers and responsibilities thereof; and WHEREAS, Chapter 252, F.S., assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response, and recovery; and WHEREAS, Chapter 252, F.S., requires each county to develop a county emergency management plan and program that is coordinated and consistent with the state comprehensive emergency management plan and program; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 2020 INDIAN RIVER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP), as approved by the DIVISION, is hereby adopted. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner Susan Adams Joseph E. Flescher Tim Zorc Peter D. O'Bryan Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of ' )2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY Attest: Jeffrey R. Smith Clerk of Court and Comptroller Susan Adams, Chairman 1�5�5=1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Renewal of Lease Agreement 2601515i Avenue, Vero Beach, FL 32966 Tenants: Nick Pappas and Ember Pappas DATE: August 18, 2020 DESCRIPTION AND CONDITIONS The County purchased the 0.27 acre parcel located at 2601515' Avenue, Vero Beach, Fl -from Theodore Bartosiewicz on January 21, 2020. The purchase is an advanced acquisition of Right -of -Way for the 26th Street project. The County assumed the lease with tenants, Nick & Ember Pappas. The current lease agreement expires on September 1, 2020. They are currently paying $600.00 per month for rent. Mr. and Mrs. Pappas continue to have difficulty finding an affordable apartment to rent. The 26th Street project currently does not have a commencement date. Staff would like to extend the lease agreement for (6) six months terminating on March 1, 2021. The Pappas' have obtained renters insurance through Progressive Insurance. FUNDING Lease payments received over the six month period totaling $3,600 will be deposited into the General Fund/Rents & Royalties account 001038-362010. RECOMMENDATION Staff recommends the Board approve the Renewal of Lease Agreement for the property located at 2601 51St Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the Renewal of Lease Agreement on behalf of the Board. ATTACHMENTS Renewal of Lease Agreement APPROVED AGENDA ITEM FOR: September 15, 2020 156 RENEWAL OF LEASE AGREEMENT This lease renewal entered into this day of , 2020, by the Board of County Commissioners of Indian River County, Florida, "Landlord" and Nick Pappas & Ember Pappas "Tenant" do hereby agree to renew the Lease Agreement dated March 17th, 2020. The renewal term of the lease is for (6) six months. The term commences on September 1, 2020 and terminates on March 1, 2021. The total rent of ($3,600.00) Three Thousand Six Hundred Dollars is payable at the rate of $600.00 per month payable in advance. IN WITNESS WHEREOF, Landlord and Tenant have executed this renewal agreement to Lease effective the Commencement Date of September 1, 2020. Landlord: Tenant: Board of County Commissioners of Indian River County, Florida By: Susan Adams, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency 0 William K. DeBraal Deputy County Attorney (Signature) Nick Pappas Date (Signature) Ember Pappas Witness: (Signature) Date Date 157 0 INDIAN RIVER COUNTY, FLORIDA I 6 MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Purchase — 58th Avenue/37th Street Intersection 5780 36th Lane, Vero Beach, FL 32966 Owners: Jennifer L. Schoenfeld and Heath Schoenfeld DATE: August 27, 2020 DESCRIPTION AND CONDITIONS Jennifer Schoenfeld and Heath Schoenfeld own a 0.48 acre improved parcel located at 5780 36th Lane, Vero Beach, FL 32966. Staff approached Mr. and Mrs. Schoenfeld in reference to purchasing a portion of the parcel. The County needs 0.018 acre of the parcel for right-of-way for road improvements. The subject property consists of an improved parcel that is located at the southeast corner of 58th Avenue and 37th Street. The property is zoned RS -6 single-family residential district (up to 6 units). The County obtained an appraisal of the property indicating a value of $2,000.00. The County offered $2,000.00 to purchase the property. All parties agreed on $2,000.00 purchase price, and the County paying all closing costs estimated at $300.00. FUNDING Funding is budgeted and available for this expenditure in the amount of $2,300.00 in the Optional Sales Tax/ROW/58th Ave -37th Street turn lane account. Account # 31521441-066120-15006. Account Name Account Number Amount Optional Sales Tax/ROW/58th Ave -37th Street Turn Lane 31521441-066120-15006 $2,300.00 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $2,000.00 for the purchase of 0.018 acre property located at 5780 36th Lane, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: September 15, 2020 158 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND JENNIFER L. SCHOENFELD AND HEATH SCHOENFELD THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2020, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Jennifer L. Schoenfeld and Heath Schoenfeld, ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 5780 36th Lane, Vero Beach, Florida 32966. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements at the 58th Avenue and 37th Street intersection in the future and the road expansion will impact the Seller's property; and WHEREAS, in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to the 58th Avenue/37th Street intersection; and WHEREAS, the County has contacted the Seller and has offered to purchase right- of-way of approximately 800 square feet or 0.018 acres of property as depicted on Exhibit "A"; and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter recited, the COUNTY and SELLER agree as follows: 1. Recitals.. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 5780 36th Lane, Vero Beach, Florida 32966 and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 0.018 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $2,000.00 (Two Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such 159 Board or by the County Administrator pursuant to his delegated authority. 2.2 Fence/Gate. The County will fix damages caused to the Seller's chain link fence and wood fence only as it pertains to road construction. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 Seller represents that there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the'Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 2 160 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing.. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of their personal property and equipment from the Property and shall deliver possession of the Property to County in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien orforeign entity, Seller shall deliverto the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. (a) All ad valorem taxes which are a lien on the property or on prior to the closing date Shall be paid by Seller. (b) All non -valorem taxes, whether not yet assessed not due and payable shall be paid for by the Seller. The non -ad valorem taxes shall not be prorated, rather they shall be paid in full by the seller. 7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay all expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 3 161 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2. All costs necessary to cure title defect(s) or encumbrances, other than the Seller Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 7.3 The estimated closing costs for this purchase transaction is $300.00. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; as well as receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. Countyshall have the rightto participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect.. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: 4 162 If to Seller: Jennifer L. Schoenfeld & Heath Schoenfeld 1566 50th Court Vero Beach, FL 32966 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak Fax Number: (772) 778-9391 Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement maybe executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioner or County Administrator as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23_(3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 163 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Date Approved by BCC IS1Zv Jen ife L. choenfeld Date 8 S Zo e th S oenfe d ate ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 22 Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: County Attorney ON 164 Stretch and L ega/ Description for- INDIANRIVERCOUNTY Legal Description (Right of Way Acquisition) BEING A PARCEL OF LAND, LYING IN SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL ALSO BEING A PORTION OF LOT 19, OF THE PLAT OF KINGSWAY SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 59, OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 19, THENCE SOUTH 89°34'39" EAST, ALONG THE NORTH LINE OF SAID LOT 19 ( SAID LINE ALSO BEING THE SOUTH RIGHTOF WAYLINEOF THE INDIAN RIVER FARMS WATER CONTROL DISTRICTS LATERAL "A-5" CANAL, BEING A 30.00 FOOT WIDE RIGHT OF WAY) A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID LINE, SOUTH 45'19'21" WEST, A DISTANCE OF 56.47 FEET TO A POINT IN THE WEST LINE OF SAID LOT 19 ( SAID LINE ALSO BEINGTHE EAST RIGHT OF WAY OF 58th AVENUE, RIGHT OF WAY VARIES) THENCE NORTH 00'13'20` EAST, ALONG SAID LINE (SAID LINE BEING 40.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 33) A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET, MORE OR LESS EXHIBIT "All 0 Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1356, DATED JULY 24, 2015. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 4 3). BEARINGS SHOWN HEREON ARE REFERENCED TO THE NORTH LINE OF SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID LINE BEARS SOUTH 89°34'39" EAST, AND ALL OTHERS ARE RELATIVE THERETO. 4). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Certification F (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) Legend and Abbreviations I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY m CORP = CORPORATION SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID I.R.F.W.C.D. - INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT BELIEF. O.R.B: OFFICIAL RECORD BOOK (P) =PLATI FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF z P.B G PLAT BOOK PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL.BOARD OF ° PG = PAGE SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PBS = PLAT BOOK ST. LUCIE PURSUANT TO SECTION 472.027 FLORIDA STATE ST TESA=DEL. / A ANGLE SQ. FTT SQ ARE FEET RAW = RIGHT-OF-WAY DATE OF SIGNATURE DAVID M. DILON TRS =TRUSTEES PROFESSIONAL SURVEYOR AND MAPPER 3 FLORIDA CERTIFICATE NO. 6139 This is not a Boundary Survey PRO WITH SHEET 2 B I N THESKONSISTIN EURIPnEETS Heath and Jennifer Schoenfeld - 5780 36th Lane WITH$ 28EIN6THES OFO AGENCY: IND/AN OWN COUNTY, FL Pam /C WORKS DEPT./ENGlmumm of ! Stretch and Lega/Description for INDIANR/I/ER COUNTY DATE:DRAWN 2/19/19 BY: R. /NGLE77 SCALE: N/A APPROVED BY:D. SIL ON (578036117La17e) SHEET:1 OB NO; OF 2 1357 165 m Sketch and Lega/Description fora INDIANRIVER COUNTY zi In M I I :; U- Nlo N z Anita Park > M11 r1 z Block 3 Q W I IW I Palm Villa Estates jNI=N (PLAT BOOK 4, PAGE 66) (PLAT BOOK 1, PAGE 58) o r- z I.- Z i Lot 10 W � 0 Lot 16 Lot 15 c� W ►-I a In (A I RIGHT OF WAY UNE 3° Z I I J I RIGHT OF WAY LINE I 37th Street ! _ -- r 29 28 OUTH LINE OF SECTION 29-32-39 S89'34'39"E (BEARING REFERENCE) t ( SOUTH LINE OF SECTION 28-32-_39 'I NORTH LINE OF SECTION 32-32-39 NORTH LINE OF! SECTION 33-32-39 a 32 33 I.R.F.W.C.D. Point of Beginning S89.3439"E "; Lateral "A-5" Canal 'pig PLAT BOOK 10, PAGE 59 w o . 0A1 N < c GtiF z . -------- 65--------- - ----------- I I ^ j 1 v MM 3 N t M M >Z Z Z FIQ p1 LLI Ldd •+ i 00 >� W In Y 00 v W W zZ J J c~n F- 0 111-15 'EASEMENT-/ Kingsway Subdivision I I (PLAT BOOK 10, PAGE 59) Lot 19 32-39-33-00007-0000-00019.0 HEATH AND .JENNIFER SWOENELD I I SITE ADDRESS: 5780 361h LANE O.R.B. 2501, PG 1849 r --`r10' PLANTING STRIP zI ` Ile 10' EASEMENT ¢I� I 0 I I r0- c� 0- I I in W Le en I and Abbreviations I I (NOT TO SCALE) CORP = CORPORATION PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A=DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET O.R.B: OFFICIAL RECORD BOOK RNV = RIGHT-OF-WAY (P) = PLAT TRS = TRUSTEES This is not a Boundary Survey P.B = PIAT BOOK PROVIDED IN ITS ENTIRETY CONSISTING OF2 SHEETS PG = PAGE Heath and Jennifer Schoenfeld - 5780 36th Lane WITH SHEET 2 BEING THE SKETCH OF DESCRJPTION AGENCY: INDIAN RIVER COUNTY, FL �4- PUBLIC WOWS DEPT./£NG/Nt£R/NG D/V Sketch ana L egal Description 0 - 2 OF LAWN BY: for.' R. /NGtEIT PROVED BY: D. S/LON INDIANRIVER COUNTY B No: 1357 (5780 36th Lane) 166 gP CONSENT INDIAN RIVER COUNTY, FLOR MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Purchase — 58th Avenue/37th Street Intersection 3745 58th Avenue, Vero Beach, FL 32966 Owners: Wayne C. McClain and Nancy A. McClain DATE: September 1, 2020 DESCRIPTION AND CONDITIONS Wayne C. McClain and Nancy A. McClain own a 0.93 acre improved parcel located at 3745 58th Avenue, Vero Beach, FL 32966. Staff approached Mr. and Mrs. McClain in reference to purchasing portion of the parcel. The County needs 0.042 acre of the parcel for right-of-way for road improvements. The subject property consists of an improved parcel having frontage on 58th Avenue. The property is zoned RS -3 single-family residential district (up to 3 units). The County obtained an appraisal of the property indicating a value of $4,200.00. The County offered $4,200.00 to purchase the property. After a few weeks of negotiations all parties agreed on $6,500.00 purchase price, and the County paying all closing costs estimated at $600.00. FUNDING Funding is budgeted and available for this expenditure in the amount of $7,100.00 in the Optional Sales Tax/ROW/58th Ave -37th Street turn lane account. Account # 31521441-066120-15006. Account Name Account Number Amount Optional Sales Tax/ROW/58th Ave -37th Street Turn Lane 31521441-066120-15006 $7,100.00 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $6,500.00, with an estimated $600 in closing costs to be paid bythe County forthe purchase of 0.042 acre property located at 3745 58th Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: September 15, 2020 167 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND WAYNE C. MCCLAIN AND NANCY A. MCCLAIN THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2020, by and between Indian River County, a political subdivision of the State of Florida ("the County"), Wayne C. McClain and Nancy A. McClain ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 3745 58th Avenue, Vero Beach, Florida 32966. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements at the 58th Avenue and 37th Street intersection in the future and the road expansion will impact the Seller's property; and WHEREAS, in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to the 58th Avenue/37th Street intersection; and WHEREAS, the County has contacted the Seller and has offered to purchase right- of-way of approximately 1,855 square feet or 0.042 acres of property as depicted on Exhibit "A"; and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter recited, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. 'The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 3745 58th Avenue, Vero Beach, Florida 32966 and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 0.042 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $6,500.00 (Six Thousand Five Hundred and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners 168 at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 During construction of the improvements to 58th Avenue/37th Street the County will perform the following: (a) Drainage. The County will reestablish the swale drainage system to ensure that the offsite drainage, drainage from the property and the backside of the roadway will drain south and not affect the property owner. (b) Sprinkler System. As part of the Purchase Agreement the County will move the sprinklers to the new right-of-way line in the location requested by the property owner. (c) Sod. As part of the Purchase Agreement the County will replace the current sod with Saint Augustine sod based on the property owner's request. (d) Culvert. The culvert will be replaced and a new driveway apron. will be installed from the edge of the pavement orsidewalk to the new right-of-way line. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record 2 169 no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 Seller represents that there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall.fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party.shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of their personal property and equipment from the Property and shall deliver possession of the Property to County in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 170 6.2 Taxes. (a) All ad valorem taxes which are a lien on the property or on prior to the closing date Shall be paid by Seller. (b) All non -valorem taxes, whether not yet assessed not due and payable shall be paid for by the Seller. The non -ad valorem taxes shall not be prorated, rather they shall be paid in full by the seller. 7. Closing Costs, Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay all expenses at Closing: 7. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2. All costs necessary to cure title defect(s) or encumbrances, other than the Seller Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 7.3 The estimated closing costs for this purchase transaction is $600.00. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; as well as receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and 4 171 executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Wayne C. McClain & Nancy A. McClain 3745 58th Avenue Vero Beach, FL 32966 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak Fax Number: (772) 778-9391 Either, party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto. are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement maybe executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioner or County Administrator as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), 5 172 the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Date Approved by BCC W 2 Wavne C. WcClain Date Nancy A. McC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller IS Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: County Attorney 0 Date 173 Sketch 817d Legal Descr/ptlon for.- /NDIANR/VER COUNTY Legal Description (Right of Way Acquisition) BEING THE EAST 15.0 FEET OF THE FOLLOWING DESCRIBED PARCEL TO WIT: LOT 9, PALM VILLA ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 58, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 1,855 SQUARE FEET, MORE OR LESS EXHIBIT "A" Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1356, DATED JULY 24, 2015. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 4). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. This is not a Boundary Survey PROVIDED INT ITS ENTIRETY CONSISTING SOF 2CR SHEETS Wayne and Nancy McClain - 3745 58th Avenue WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION y y _ AGENCY: INDIAN RIVER COUNTY, FL i PUBLIC wows DEPT./ENG/NEER1w am SltwV7 and L egal Description DATE: DRAWN BY: 2/19/19 R. /NGLUT for - N/A 0 1 OF 2 /NDIANR/VER COUNTY (374558117 A venue) 174 Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID I.R.F.W.C.D. = INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT BELIEF. L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF (P) = PLAT PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF P.B.= PLAT BOOK SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PG = PAGE PBS = PLAT BOOK ST. LUCIE PURSUANT TO SECTION 472.027 FLORIDA STATE ST. -:u ES. ,_ 21-20101 A=DELTA ANGLE SQ. FT. = SQUARE FEET DATE OF SIGNATURE DAVID M. SILON R = RADIUS PROFESSIONAL SURVEYOR AND MAPPER RNV = RIGHT-OF-WAY FLORIDA CERTIFICATE NO. 6139 This is not a Boundary Survey PROVIDED INT ITS ENTIRETY CONSISTING SOF 2CR SHEETS Wayne and Nancy McClain - 3745 58th Avenue WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION y y _ AGENCY: INDIAN RIVER COUNTY, FL i PUBLIC wows DEPT./ENG/NEER1w am SltwV7 and L egal Description DATE: DRAWN BY: 2/19/19 R. /NGLUT for - N/A 0 1 OF 2 /NDIANR/VER COUNTY (374558117 A venue) 174 Slretcfi and Lega/Description for.• /ND/ANR' IVER COUNTY DO .N O 1 (NOT TO SCALE) 327.3'± 0) O J O W w O O o < km to m� N o 11 0 012 m oZ`v'� a<�wd N�Op D rcn WW< 10 ix H � --_ 327.4'1 --- W (0 N n- yµz�! p�Qm r v � 1�o 0 < ca N o O atna —1 0 rz 00 � Legend and Abbreylations N o d I.R.F.W,C.D. = INDIAN RIVER FARMS mood M$ < WATER CONTROL DISTRICT n 3 �! L = LENGTH OF ARC V) O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT u P.B.= PLAT BOOK o o W PG = PAGE a PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE J I N SQ. FT. = SQUARE FEET LO R = RADIUS t R/W = RIGHT-OF-WAY Wayne and Nancy McClain - 3745 58th Avenue `"'t"`'T: INV/AN P118L/C WORKS DATE: 2/1919 SCALE: N/A SHEET: 2 OF 2 RIVER .001IN7-)e FL 38th Street __ RIGHT OF WAY LINE Lot 1 32-39-28-00007-0030-OOD01.0 JOSIANNE FANFAN ALLEN SITE ADDRESS: 5775 38th STREET O.R.B. 1751, PG 261 I I (O W L. O 0 O I QtZl m _- 1 Lot 16 32-39-28-00007-0030-00016.0 JESSIE SIESTA SITE ADDRESS: 5776 37th STREET I O.R.B. 2501, PG 207 1 1 This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF2SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION DEPT./ENG/NEER/NG 01K 6XVIc17 a17d L ega/Des cription DRAWN BY: R. /NGL£TT f0/: - APPROVED BY: D. SIL ON /NDIANR/VER COUNTY 70B N0: 1357 K374558117Avenue) 175 s � (0 N n- M M v � I 0 v U x +' O N N � Q I.- ¢ N N (/] N O p vC1 FIF SIU u U- o o W a z z 0r J I N i Q LO N ¢ W t c 5 ,+-# 00 / L0 I - 25--�----35-- 45' O.R.B 881, 11 PG 2793 R/W = RIGHT-OF-WAY Wayne and Nancy McClain - 3745 58th Avenue `"'t"`'T: INV/AN P118L/C WORKS DATE: 2/1919 SCALE: N/A SHEET: 2 OF 2 RIVER .001IN7-)e FL 38th Street __ RIGHT OF WAY LINE Lot 1 32-39-28-00007-0030-OOD01.0 JOSIANNE FANFAN ALLEN SITE ADDRESS: 5775 38th STREET O.R.B. 1751, PG 261 I I (O W L. O 0 O I QtZl m _- 1 Lot 16 32-39-28-00007-0030-00016.0 JESSIE SIESTA SITE ADDRESS: 5776 37th STREET I O.R.B. 2501, PG 207 1 1 This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF2SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION DEPT./ENG/NEER/NG 01K 6XVIc17 a17d L ega/Des cription DRAWN BY: R. /NGL£TT f0/: - APPROVED BY: D. SIL ON /NDIANR/VER COUNTY 70B N0: 1357 K374558117Avenue) 175 s � (0 N n- I 0- -Y 's o�Ma I nx�d I 0 v U x +' O od�N J C CYl m m Q I.- ¢ C.4 `i g 1 O1 a I M J 0- N w 1 _M RIGHT OF R/W = RIGHT-OF-WAY Wayne and Nancy McClain - 3745 58th Avenue `"'t"`'T: INV/AN P118L/C WORKS DATE: 2/1919 SCALE: N/A SHEET: 2 OF 2 RIVER .001IN7-)e FL 38th Street __ RIGHT OF WAY LINE Lot 1 32-39-28-00007-0030-OOD01.0 JOSIANNE FANFAN ALLEN SITE ADDRESS: 5775 38th STREET O.R.B. 1751, PG 261 I I (O W L. O 0 O I QtZl m _- 1 Lot 16 32-39-28-00007-0030-00016.0 JESSIE SIESTA SITE ADDRESS: 5776 37th STREET I O.R.B. 2501, PG 207 1 1 This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF2SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION DEPT./ENG/NEER/NG 01K 6XVIc17 a17d L ega/Des cription DRAWN BY: R. /NGL£TT f0/: - APPROVED BY: D. SIL ON /NDIANR/VER COUNTY 70B N0: 1357 K374558117Avenue) 175 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: FDOT Amendment Number Two to County Incentive Grant Program (CIGP) Agreement FM No. 431759-2-54-01 and Resolution Authorizing the Chairman's Signature for the Construction of Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853 DATE: August 24, 2020 DESCRIPTION AND CONDITIONS On March 7, 2017, the Board of County Commissioners approved Resolution No. 2017-020 and a County Incentive Grant Program (CIGP) Agreement FM No. 431759-2-54-01 with the Florida Department of Transportation (FDOT) for the construction and construction engineering inspection (CEI) Services for intersection improvements at SR -60 and 43rd Avenue. The FDOT CIGP grant amount approved $7,291,146.00 to be shared equally by FDOT and Indian River County for a total of $3,645,573.00 each and was executed by the FDOT on March 20, 2017. On June 4, 2019, the Board approved Resolution No. 2019- 038 and Amendment Number One to increase funding by $5,880,636.00 (this amount also to be shared equally) for a new total amount of $13,171,782.00. The FDOT has requested Indian River County execute and deliver Amendment Number Two to CIGP Agreement FM No. 431759-2-54-01 to update deliverables and extend completion date until December 31, 2022, as well as a Resolution authorizing the Board of County Commissioners to execute this Amendment Number TWO to CIGP Agreement FM No. 431759-2-54-01. FUNDING Funding for the County's total grant cost share amount of $6,585,891.00 will be funded by Optional Sales Tax/43rd Ave —18th St to 26th St/Account Number 31521441-066510-06041. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment Number Two to CIGP Agreement FM No. 431759-2-54-01 and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. Authorizing Resolution 2. Amendment Number Two to CIGP Agreement FM No. 431759-2-54-01 APPROVED AGENDA ITEM FOR SEPTEMBER 15.2020 176 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT NUMBER TWO TO COUNTY INCENTIVE GRANT PROGRAM AGREEMENT FM NUMBER 431759-2-54-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR INTERSECTION IMPROVEMENTS AT STATE ROAD 60 AND 43RD AVENUE. WHEREAS, the intersection improvements at SR -60 and 431d Avenue are an Indian River County priority project; and WHEREAS, on March 20, 2017, the Florida Department of Transportation (FDOT) and Indian River County entered into a County Incentive Grant Program (CIGP) Agreement FM 431759- 2-54-01 wherein the FDOT is prepared to provide funds to share the cost for the construction and construction engineering inspection (CEI) services for the intersection improvements at SR -60 and 43rd Avenue and then entered into Amendment Number One on June 12, 2019 for an increase to CIGP funding by $5,880,636.00 and increase time by one year; and WHEREAS, the State of Florida, Department of Transportation has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, this Amendment Two for updated Deliverables (Exhibit B of the Agreement) and to extend the project completion time until December 31, 2022; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Amendment Number Two to CIGP Agreement FM No. 431759-2-54-01 for the aforementioned project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Amendment Number Two to CIGP Agreement FM 431759-2-54-01 for the project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc who moved its and, upon being put to a 177 The Chairman thereupon declared the resolution passed and adopted this day of , 2020. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney 178 DUNS No.: 80-939-7102 CSFA No.: 55.009 Contract No.: G-OK60 FM No: 431759-2-54-01 Vendor No: VF 596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY COUNTY INCENTIVE GRANT PROGRAM (CIGP) AGREEMENT AMENDMENT NUMBER TWO THIS Amendment, made and entered into this day of , 20 , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27th Street, Bldg A, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on March 20, 2017 the parties entered into a County Incentive Grant Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection with Financial Management (FM) No. 431759-2-54-01 for the construction and construction engineering inspection (CEI) Services for intersection improvements at SR -60 & 43RD Avenue in Indian River County, Florida and hereinafter referred to as the Project; and WHEREAS, the parties amended the Agreement on June 12, 2019 (Amendment Number One); and WHEREAS, the parties hereto desire to further amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain County Incentive Grant Program Agreement dated March 20, 2017 as follows: The recitals set forth above are true and correct and are deemed incorporated herein. 2. Paragraph 2 of Amendment No. 1 is amended to read as follows: Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or December 31, 2022, whichever occurs first. The deliverables, Exhibit C, of the Agreement is hereby deleted in its entirety and replaced with Exhibit A of this Amendment, attached hereto and made a part hereof. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered on March 20, 2017 and amended on June 12, 2019, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 179 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. , hereto attached. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) M. TITLE: CHAIRMAN Print Name: SUSAN ADAMS Date: ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller Lo Deputy Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION mm APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: STEVEN C. BRAUN, P.E. Date: OFFICE OF THE GENERAL COUNSEL LEGAL REVIEW: 180 ITEM NO. DESCRIPTION UNIT ESTIMATED QTY. 101.1 !MOBILIZATION/DEMOBILIZATION ! LS ! 1 _ 102-1 'MNTENANCE OF TRAFFIC — AI— LS --------------------- 1 _ 102-99 _ ;CHANGEABLE VARIABLE_MESSAGE SIGN i18I ! ED i 7520 104-10-3 — !SEDMINENT BARRIER — — —------------------------------------------------------------------------------------------------ ? LF ! — — 16456 ---- ----- 104-11 !FLOATING TURBIDITY BARRIER ! LF ! 560 t------------- ------ 104-18! INLET PROTECTION SYSTEM 1 EA 69 - ------------- ---t --- —------- ----------------------------------------------------------__._.-------------------- ------- —--- i----------+-------- — --- -------- 110-1-1 !CLEARING AND GRUBBING LS ! 1 110-3 !REMOVAL OF EXISTING STURCTURE/BRIDGES ! LS ! 1 120-1 ! EXCAVATION ! CY 12656 — +REGULAR — — — — — — — — — — — — — ---------- a — — t----- — — — — 120-6 !EMBANKMENT (COMPACTED IN PLACEL CY 5781 -----------------t--------------------------------------------------- ------------------------------------------------------i---------+---------------------- 160-4 !12" STABLIZED SUBGRADE ! SY L 44072 285-707 —--......----- !OPTIONAL BASE GROUP 7 (9" CEMENTED COQUINAS — — — ------------------------------------------------ —--- — --- ------- — ! ------- —------------ SY ! — — 40589 — — !TURNOUT CONSTRUCTION,/ DRIVEWAY BASE (CONCRETE) ! SY ! 1526 _____286-1- t------- - - - - - - - - - -------- -- --- -------- -------------------------------t ----- -------- t -------- ------- 286-2 !TURNOUT CONSTRUCTION, ASPHALT ! TN 1 98 327.70-1 WILL EXISTING ASPHALT PAVEMENT,_1_AVG.-DEPTH_____________________________________ j SY ----- _ _17144 327-70-8 — — WILL EXISTING ASPHALT PAVEMENT, 2.5" AVG. DEPTH — — -- — —------------------------------------------------------ ! SY i — — ---- 2944 — ------ 334.1 !SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C SP 12.5 OVERBUILD �------------------------ UILP) 1 TN 1 TN 7200 _13_ + — — — — — — ----------+- -------- — 334-1-13A !SUPERPAVE ASPHALT CONCRETE, SP -12.5, TRAFFIC C, 1.5" THICK 1 TN 4760 - ----------------t --- —--- —--- ---------------- ---------------------------------------------------------------------------------- i--- iAPSHALT CONCRETE FRICTION COURSE, FC -9.5, TRAFFIC C, W/ POLYMER 1" —------- t- ------- ---- --- ----- 337-7-82 !THICKTN I ! 3173 400.0-11 !CONCRETE, CLASS NS, GRAVITY WALL ! CY ! 81.9 _ _ 400.1-2 !CONCRETE CLASS I, ENDWALLS1 CY i 6.33 _ ----------------------------------------------------------------- a — — + --------------- -400-147 COMPOSITE NEOPRENE PADS —----------------------------------------------------a----CF 1_64 400.2-10_ !CONCRETE CLASS 11, APPROACH SLABS_ CY ! 62 - - - t -- -- -- - -- - - - -- - -- - - - ------------------------------------------------------i----------t------------------- 400-2-4A !CONC. CLASS II, BRIDGE SUPERSTRUCTURE I CY ! 138 400.2-46 :CONC_CLASS 11, BRIDGE SUPERSTRUCTURELIGHTWEIGHT ) ! CY 1 153.7 — — — — — ------------ + — — ---------------------- 400.2-5 _ !CONCRETE, CLASS II, BRIDGE SUBSTRUCTURE + — — — — — — —-------------------------------------------- 1 --------- CY 1 --------------- 60 400-7 ! BRIDGE DECK GROOVING, LESS THAN 8.5"i SY i 523 ---- --------------t---------------------------------------------------------------------------------------------------------------i----------t------------------- 415-1-4 !REINFORCING STEEL- ROADWAY- BRIDGE SUPERSTRUCTURE ! LBS ! 63459.3 415-1-5 !REINFORCING STEEL- ROADWAY- BRIDGE SUBSTRUCTURE ! LBS ! 16156 415-1-9 *REINFORCING STEEL- ROADWAY- APPROACH SLABS_ _ ------------------------------------------------------------------------------------------------------------- _ LBS _ _12170 -------- 425-1311 !INLETS, CURB, TYPE P-1, <10' 1 EA ! 5 - ------------- ---t-----------------------------------------------------------------------------------------------------------------i---- --- --t -------- — ------- ---- -425.1321— -INLETSCURB, TYPE P-2, <10 — — — — -------------------------------------- -- — —EA 4 425-1341 !INLETS, CURB, TYPE P-4, <10,EA 1 I ! 1 —425 1351— TINLETS,_CURB, TYPE P-5,<10'--------------------------------------------------------------------- a -EA — — —16 425-1352 !INLETS, CURB, TYPE P-5, >10' 1 EA ! 2 425-1361 !INLETS, CURB, TYPE P-6, <10' ! EA ! __ 12 425-1421! INLETS, CURB, TYPE J-2, <10' EA ! 2 — — — — 425-1451 !INLETS, CURB, TYPE J-5, <10' ! EA ! 1 - -----------------+---------------------------------------------------------------------------------------------------------------1------------+----------------------- 425-1452 !INLETS, CURB, TYPE J-5, >10' 't EA ! 1 --- ----------------t------------------------------------------------------------------------------------------------------------------i----------t-------------------- 425-1461 !INLETS, CURB, TYPE J-6, <10' ! EA ! 2 425-1521 !INLETS, DITCH BOTTOM, TYPE C,.<10* 1 EA ! 27 425-1521A !INLETS, DITCH BOTTOM, TYPE C, <10' (MODIFIED) t---------- — ------------------ -------------- 1 EA 1 2 ---- 425-1559 !INLETS, DT BOT, TYPE E, <10'1 EA i 2 -----------------t------------------------------------------------------------------------------------------------------------------ ------------t--------------------- 425-1715 — — !INLETS, GUTTER, TYPE V, < 10' - — — —------------------------------------------------------------------ — ! EA ! — — r — — — 2 425-2-41 !MANHOLE, TYPE P-7, > 10' EA ! 4 181 ITEM NO. DESCRIPTIONUNIT ESTIMATED QTY. I 425-2-43 !MANHOLE, TYPE P-7, PARTIAL I ; ! EA i 1 425.2.61—MANHOLE, TYPE P-$' 10 — — — — — — — -- - - - -- - - - - -- -- - ------------------------------ —EA r-----------------3 -- 425.2-71 !MANHOLE, TYPE J-7, < 10' I EA ! 3 - - ----t---------------------------------------------------------------------------------------------------------i---------t-------------------- 425-2-91 MANHOLE, TYPE J-8, < 10' ! EA 11 425-4 !ADJUST INLETS EA ! 7 – ---------------t----------------------------------------------------------------------------------------------------------- i – – r----------------- 425-5 – TADJUST MANHOLES-------------------------------------------------------------------- I EA ------------------ ---------- -- 430-174-115 430-174.115 !PIPE CULVERT, RCP, ROUND, 15" SD i LF I 30 -------------------------------------------------------------------------------t----------t-------------------- 430-174.118 !PIPE CULVERT, RCP, ROUND, 18" SD — - - — '------------- — — — — — — — — — — — — — — — — —! LF ! 4054 430-174-124 !PIPE CULVERT, RCP, ROUND, 24" SD ! LF ! 1143 430-174-130 !PIPE CULVERT, RCP, ROUND, 30" SD _ _ _ _ _ _ _ _ _ -- -- -- -- - ------------ _LF - - ---- 198 430-174-136 !PIPE CULVERT RCP ROUND 36 SD i LF i 2231 - ------t --------- ---------- - ------- --------' -------------------- -------- ---- ---- ------- -------------i---------t----___--------- 430-174-142 !PIPE CULVERT, RCP, ROUND, 42" SD ! LF ! 853 430-175-148 !PIPE CULVERT, RCP, ROUND_48_'_SD ! LF ! 85 _ _ _ r— — — — — —----------- ----------- r - - - - _430.982.140 _MITERED END SECTION, 42" SD----- —--- ------- —--------------------- —--- —--- ------- ------- —--- � EA --------- —--- -- 430.984-125 !MITERED END SECTION, 18" SD i EA i 1 ----------------------------------------------------- -------- ----i----------+-------- ---------- 430-984.138 !MITERED END SECTION, 36" SIDE DRAIN ! EA ! 1 430-984-141 ;MITERED END SECTION, 48" SD ! EA ! 1 ------------t — — — — — — — — — — — — — — — — — i — — T----------------------- 443-70-3 !FRENCH DRAIN, 18" ! 1616 — — + — — — — -----------------------------------------_ _LF_ 450-1-2 !PRESTRESSED BEAMS TYPE IIILF ! 778..13 _ ----------------t----------------------------------------------------------------------------------------------------------i-----------t-------------------- 455-137-1 !LOAD TEST (DYNAMIC), INTERNAL GAUGES _ ! EA ! -------- ------------------- 2 I 455-143-3A !TEST PILES-PRESTRESSED CONCRETE, 18" SO �� I LF ! 130 - - - --- - -- ----T--------------------------------------------------------------------------------------------------------7----- ------- --------- ---- --- ---- 455.34-3A !PRESTRESSED CONCRETE PILINGS, 18 SQ END BENTS 1 LF 1 550 --------------------------------------------------------------4----------- -------------------- 455.34313 !PRESTRESSED CONCRETE PILINGS, 18 SO (WING BENTS) + 100 _ _ _ _LF _ jPRESTRESSED CONCRETE PILINGS, 18 SO (INTERMEDIATE BENTS, DEBRIS 455.34-3C !PILESj - --------------------------------------------------------------------------------------------------- 1 LF ! 650 t-------- 4.5.8_-_1_-_1.1_ !CONSTRUCTION, F& I POURED JOINT WITH BACK ROD - - + - i LF i 80 !BRIDGE DECK EXPANSION JOINT, REHABILITATION, POURED JOINT WITH j 458-121 !BACKER ROAD 1 LF 180 — ------------t--------------------------------------------------------------------------------------------------------------------- — r — — — !PIPE HANDRAIL_GUIDERAIL, ALUM1187 _515.1.2 — — — — — — — — 515.42 !BULLET ALUMINUM RAIL, DOUBLE RAIL - --- --------- -- i LF i — 348.67 - -- -- ---+-------------------------------------------------------------------------------------------------------------i------------t-------------------- 521.5.4 !CONCRETE TRAFFIC RAILING- BRIDGE, 32" VERTICAL FACE LF 1 348.67 - --- -- -- -- ---t------------------------------------------------------------------------------------------------------i------------t------ ...... -------- 520-1.10_ !CONCRETE CURB & GUTTER (TYPE F) ; I LF 1 21539 9 _ _ _ -------------------------------------------------�------------t--------------- — 520-2-13 !HEADERCURB j LF! _ 632 520-5- 1 !TRAFFIC SEPARATOR CONCRETE- TYPE IV, 4' WIDE - -- - --- -- ----t--------------------------------------------------------------------------------------------------------------i----------+---------------------- i LF ! 457 !CONCRETE TRAFFIC SEPARATOR, SPECIAL VARIABLE WIDTH (COLOR TREATED j 52!0-70_____2;& STAMPED CONCRETE) 1 SY ! 832 - --- -- --t---------------------------------- --------------------- —------- —--- —--- ----------- —--- —------- —------------ ---- --52.1 52.1-5-4 -- 5.4__ yCONCRETE TRAFFIC RAILING_ BRIDGE, 32" VERTICAL FACE_ ________________________i _LF_ ! _ 348.67 522 2_ SIDEWALK CONCRETE 6" THICK ! SY 1 8612 !PATTERNED PAVEMENT, VEHICULAR AREAS (DURATHERM, INTEGRATED ! ! 523-1 !PAVING CONCEPTS, CINNAMON, WAGON WHEELS — — — — — — — — — — — — — — i SY i — 1-----------T-------------------- 800 5241.2 !CONCRETE DITCH PAVEMENT, NON REINFORCED, 4" + ! SY ! 49 — — — — — — — — — — — — — — — !PAVERS, ARCHITECTURAL, SIDEWALK (BELGARD, HOLLAND 4" x 8" 80mm, - ---+-------------------- 526.1.2 BRED/CHESTNUT/CHARCOAL, 45 degree _HERRINGONE)_ ! , SY , 290 _ _ _ _ _ -- -- - -- ----------i-----------4----------------------- 527-2iDETECTABLE WARNINGS 1 SF ! 480 _ - - ------t-------------------------------------------------------------------------------------------------------------------1---------t---------- 530-3-4 1RIPRAP, RUBBLE, F&I, DITCH LINING — ------------ ----------- — — — — — — — — -------------------- 1 TN ---- — ------- -------------- 146 530.4.9 !ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM, THICKNESS 6" ! SF ! 2934 _ — — — — — — — — — — — --------- ---- 550-10.22... FENCING, B, 5.1-6.0 COATING LF + --- ----- 1040 _WNINYL _ _ _ _ _ — 570.1.2 _ !PERFORMANCE TURF, SOD_ _ _ _ _ _ — — — - - - -------------------' ! SY i t — 16393 --------- 630.2-11b_ !CONDUIT _SIGNALS ---------------------------------------------------1 LF ! _ 12057 182 183 184 ITEM NO. DESCRIPTION UNIT ESTIMATED QTY. 711-11-222 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" LF 77 711.16-101 - - rTHERMOPLASTIC, STANDARD_ WHITE, SOLID, 6"_ - - - GM - - - - - - - - ------------------------------- _ !THERMOPLASTIC, STANDARD - OTHER SURFACES, WHITE, 6", 10-30 SKIP OR 3-91 _ j _ _3.1 711-16.131 iLANE DROP - + GM i 3.59 - - - - ------------------------------------------------------------------------ - - + - - - 71 1-16.201 'THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" 1 GM I 2.37 - - - - - - - - - - - --------------------------------- - - - - - 711-16-231 jTHERMOPLASTIC, STANDARD, YELLOW, SKIP, 6" i GM i 0.44 715.1.13 - -- -- -- - ;LIGHTING CONDUIT F&I INSULATED NO. 4 -------------------------------------------------------------------------------------------------- - I- I LF 36765 715-4-13 ------------------------------ iSTANDARD LIGHT POLE COMPLETE W/ CONCRETE- BASE, F&I, WIND SPEED 160 EA 30 715.4.33 iCONFLICT LIGHT POLE COMPLETE W/ CONCRETE- BASE, F&I, WIND SPEED 160 EA 36 715-5-30 ;LUMINAIRE AND BRACKET ARM MOUNTED ON SIGNAL POLE, F&I EA 4 :LOAD CENTER INCLUDES ALL COMPONENTS LISTED ON SERVICE POINT i i 715-7-11 ;DETAILS DRAWINGS- EA 3 - - - 715-500-1 ;POLE CABLE DISTRIBUTION SYSTEM CONVENTIONAL i EA 1 70 184 M .,I • M NSENTting 0911512020 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Department of General Services Parks & Recreation Date: September 3, 2020 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin M. Kirwin, Director Parks & Recreation From: Beth Powell, Assistant Director Parks & Conservation Resources Subject: Carter & Associates, Inc. Work Order Number 3 — South Prong Preserve Design & Engineering Services DESRIPTIONS AND CONDITIONS Indian River County purchased the South Prong Preserve in 2006 (Ryall) and 2007 (Stough) through two separate acquisitions, combining to create the 37.5 -acre conservation area. These parcels were purchased with environmental bond funds and cost -share grants from the Florida Communities Trust (FCT). The primary purpose and objective of the South Prong Preserve (SPP) project is to conserve native riverfront land and restore citrus grove to native plant communities adjacent to the South Prong of the St. Sebastian River. This land is within the "St. Sebastian River Greenway," as formally designated by Indian River County. As part of the County's 5 Year Capital Outlay for improvements, the South Prong Preserve was identified for improvements beginning FY 19/20 through FY 23/24. The goals of the improvements are to provide public access to the conservation area and to fully implement the management plan goals and objectives, as well as to fulfill the special management considerations that are a part of the agreement with the FCT. On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Carter Associates, Inc. Under this agreement, Carter Associates, Inc. has provided the County with a Scope of Work for the civil engineering and surveying for the public use improvements components of the South Prong Preserve. The deliverables for the project include feasibility planning, necessary site surveys, master site plan, development of project construction plans, and permitting. Furthermore, the work order includes necessary consultation and coordination with the Florida Department of Transportation (DOT) regarding the County Road 510 improvement project as it relates to access improvements to the conservation area, bid document preparation, bidding assistance and construction administration assistance. 185 Page two September 3, 2020 Carter & Associates, Inc. Work Order Number 3 — South Prong Preserve Design & Engineering Services FUNDING Funding for this expenditure is budgeted and available in the FY 2020/2021 budget in Optional Sales Tax/Parks/South Prong Slough Conservation Area — Account # 31521072-066390-20009. Account Name Description Amount Optional Sales Tax/Parks/South Prong Slough Conservation Area 31521072-066390-20009 $89,555.00 STAFF RECOMMENDATION Staff recommends the Board accept Work Order Number 3 with Carter Associates, Inc. authorizing the professional services as outlined in the Scope of Services and requests the Board to authorize the Chairman to execute the Work Order on their behalf for a lump sum amount of $89,555.00 upon approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS • Work Order Number 3 — Carter Associates, Inc. — South Prong Preserve Civil Engineering and Surveying Services APPROVED AGENDA ITEM FOR SEPTEMBER 15, 2020 186 WORK ORDER #3 South Prong Preserve Design & Engineering Services This Work Order Number #3 is entered into as of this day of 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work and Budget), attached to this Work Order and made part hereof by this reference. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Title: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan B. Adams, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 187 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21st STREET • VERO BEACH, FLORIDA 32960.3472 • 772-562-4191 • 772-562-7180 (FAx) JOHN 1-1. BLUM, P.E., PRINCIPAL DAVID E. LUETHJE, P.S.Mt., PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL PATRICK S. WALTHER. P.G., PRINCIPAL MARVIN E. CARTER, P.S.M.. Consultant to the Firm DEAN F. LUETHJE, P.E., (Fi.0 w) Consultant to the Firm August 20., 2020 Ms. Elizabeth Powell Assistant Director, Parks & Conservation Resources Division Indian River County 5500 771h Street Vero Beach, Florida.32967 RE: South Prong Slough Civil Engineering and Surveying Services Proposal CAI Project No. 20-295 E Dear Beth: FRANK S. CUCCURESE, P.S.M. CLINTON J. RAHJES, P.E. TYLER N. SPENCER, P.E. It is our pleasure to present for your acceptance, the following proposal for Civil Engineering and Surveying services associated with the above referenced project. Please find attached an ENGINEER'S scope of services and budget outlining the steps for the ei-Aiancement planning and design services. Additional services required, but not included in the estimate, will be provided at our hourly rates, a copy of which is attached. Thank you for giving us the opportunity to submit a proposal for our services. to working with you on this project. Should you have any questions or information, please do not hesitate to contact me at our office. Sincerely, CARTER ASSOCIATES5 INC. 9L�-- :Jo H. Blum, P.E. Principal We look forward need additional NAMMPROPOSAU20-295E South Prong Slough.doc Page 1 of 8 Serving Florida %02020 by CAI Since IJt 188 PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING AND SURVEYING SERVICES for INDIAN RIVER COUNTY PARKS & CONSERVATION RESOURCES SOUTH PRONG SLOUGH The project objectives for design and engineering of the South Prong Slough are briefly summarized as follows: The project consists of two parcels located north and south of County Road 510 (85`t' Street) located in and owned by Indian River County. The north parcel (31383600000100000004.0) is known as the "Ryall" parcel, and the south parcel (31382500000700000004.0) is known as the "Shadowbrook" parcel. ® The two subject parcels contain wetlands and the South Prong Slough. It is the intention of Indian River County Parks & Conservation Resources Division to develop an educational environment for guests to enjoy. An accessible pedestrian route/trail will be proposed to cross CR 510 for parcel interconnectivity. The Ryall parcel currently has a small existing historic house to remain. Indian River County Parks & Conservation Resources Division intends to propose parking to accommodate 6-8 or more vehicles. The proposed parking will have vehicle access to and from County Road 510. The existing access will be modified or removed and replaced to meet County standards and will need to be coordinated with the Florida Department of Transportation (FDOT) to consider the design of the future roadway improvements for CR 510. The Shadowbrook parcel is currently vacant. Indian River County Parks & Conservation Resources Division intends to propose an enclosed building (pavilion) that will have a comfortable occupancy of approximately 20 people as determined by the Indian River _County Parks ..& . Conservation Resources Division.. A. parking. lot will be proposed associated with the building (pavilion) improvements to accommodate guests. Water and electricity will be installed and connected to the proposed. structure; however sanitary sewer utilities will not be proposed. The proposed improvements will have vehicle access to and from County Road 510. SECTION 2: SCOPE OF SERVICES Based on the South Prong Slough Project Overview & Objectives described in Section 1, the following Scope of Services has been prepared to define the design and engineering work to be completed by Carter Associates, Inc. (ENGINEER) for the Indian River County Parks and Conservation Resources Division (CLIENT). NAMMPROPOSAU20-295E South Prong Slough.doc Page 2 of 8� Sewhi Florida 02020 by CAI—("j�'' Since 1459 TASK 1—FEASIBILITY PLANNING In order to achieve the objectives outlined in Section 1, ENGINEER at a minimum will need to coordinate with the following agencies: • CLIENT to receive guidance and feedback for the Master Site Plan design. ® Florida Department of Transportation (FDOT) and Indian River County (IRC) Public Works to plan and incorporate the future roadway improvements of CR 510 with the abovementioned proposed pedestrian and vehicle access locations. • St. Johns River Water Management District (SJRWMD) to discuss environmental resource permitting requirements and wetland impacts/mitigation. ® Sebastian River Improvement District (SRID) to consider the water stage fluctuations of the adjacent canal known as "Lateral L" that have a potential to impact the project's .design. ENGINEER will attend up to three initial coordination meetings each with FDOT, IRC Public Works, SJRWMD, and SRID to discuss the proposed Master Site Plan and access to the parcels. ENGINEER will conduct one site visit to the subject parcels within the project limits determined and defined by the CLIENT to observe the existing conditions and to identify potential design constraints. ENGINEER will coordinate with prospective architects in order to design the proposed building (pavilion) on the Shadowbrook parcel that incorporates the desire of the CLIENT mentioned in Section 1: Project Overview & Objectives. ENGINEER will select the architect with approval from the CLIENT to design and permit the proposed building (pavilion). ENGINEER will coordinate with prospective geotechnical engineers to perform geotechnical explorations within the project limits determined and defined by the CLIENT and prepare a report of the findings that include boring results for the proposed building (pavilion) foundation design, parking lot recommendations, and groundwater characteristics. Deliverable for this task will be a memorandum prepared by the ENGINEER outlining the information gathered from meetings, site review, and coordination, and providing a general discussion of issues that may need to be addressed as part of site design. Also, a proposal from the prospective architect and geotechnical will be provided. TASK 2 - SITE SURVEYS ENGINEER will perform survey to collect baseline data including topography and vegetative cover the following locations: 1) 450' x 400' area on northeast corner of the Shadowbrook MUMPROPOSAU20-295E South Prong Slough.doc Page 3 of 8 �(��(� j sewing 1 dtla 02020by.CAI VL IL since i -A parcel, 2) 200' x 300' area on the southwest coiner of the Ryall parcel, 3) right-of-way area north and south of County Road 510 along the frontage of the subject parcels, and 4) quarter -mile long accessible trail from south of the Shadowbrook development site. Topographic survey to include spot elevations on approximately 50 -foot intervals to obtain sufficient information to complete the required grading plan, protected tree locations with 4" or greater DBH, and wetland delineation flagged by the CLIENT. Future site-specific surveys for potential trail and boardwalk locations throughout the parcels will be performed separately under a new purchase order from the CLIENT. Deliverables for this task will include 24"x36" full-sized drawings of the survey signed and sealed by a Professional Surveyor and Mapper. TASK 3 — MASTER SITE PLAN After coordinating with the abovernentioned entities outlined in TASK 1 and obtaining the survey for design outlined in TASK 2, the ENGINEER will design the Master Site Plan that addresses the concerns of all the entities and facilitate the desires of the CLIENT. ENGINEER will coordinate with selected architect to produce preliminary building plans including proposed floor plan, renderings and materials for CLIENT approval. Once the Master Site Plan is approved by CLIENT, ENGINEER will attend preapplication meetings with Indian River County to receive preliminary comments on the Master Site Plan prior to the creation of construction documents outlined in TASK 4. Deliverables for this task will be renderings for each portion of the Master Site Plan design and jurisdictional feedback from preapplication meetings, as outlined above. TASK 4 —DEVELOPMENT OF PROJECT CONSTRUCTION PLANS ENGINEER will develop a dimensional site plan conforming to local permitting requirements. Site plan will depict pedestrian accessible trails/boardwalks between the two subject parcels and proposed parking lots, driveway connections, and the building (pavilion). Prepare site data to include land use calculations, setbacks, and open space. Complete and submit applications for site plan approval including all checklist items required by the Indian River County Planning Department. ENGINEER will prepare the following documents as part of the site plan submittal: Stormwater management report for proposed stormwater feature to include flood routings, retention sizing, discharge calculations, and recovery analysis as required. Develop drainage and grading plans for proposed parking lots and building (pavilion). e Utility construction plan for extension of water line to proposed pavilion. NAMBIPROPOSAU20-295E South Prong Slough.doc Page 4 of 8 Servhi g Florida ©2020 by CAI LIki Since 119 1 ® "Code minimum" landscape plan to meet Indian River County requirements along with wetland planting plan (by others) for the proposed stormwater feature. ® Prepare project specifications sufficient for permitting and bidding and prepare preliminary engineer's cost estimates for construction ENGINEER and CLIENT will coordinate with selected architect to prepare final and complete building construction plans of the approved building (pavilion) design outlined in TASK 3. ENGINEER will also coordinate with selected geotechnical engineer to receive required soil information to design the building, pavement and stormwater features. TASK 5 — PERMITTING Prepare application documents to obtain the following permits: • Indian River County o Major Site Plan o Stormwater Management System o Right -of -Way o Utility Construction o Land Clearing / Tree Removal • Florida Department of Transportation. o Driveway Connection o Drainage Connection • St. Johns River Water Management District Environmental Resource Permit. • Florida Department of Environmental Protection o General Water Permit o NPDES Permit (NOI) • Sebastian River Improvement District o Drainage Connection Permit • Army Corp of Engineers (as applicable) ENGINEER will coordinate as necessary with the appropriate jurisdictions throughout the permitting process and keep CLIENT informed ofmandatorydesign changes_to. the -project.. ___ _.. TASK 6 — CONSTRUCTION ADMINISTRATION AND BIDDING ASSISTANCE It is assumed CLIENT will prepare a contract for construction, including bidding requirements and general conditions. ENGINEER will provide technical specifications and project plans in sufficient detail to define the scope and requirements for the proposed improvements within the final permitted construction plans for this project. ENGINEER will assist CLIENT in bidding the project by attending a pre-bid meeting and by addressing inquiries from potential bidders regarding the scope of the proposed work. ENGINEER will assist the County during project bid review and provide a letter summarizing our recommendations regarding contract award. N:WH81PR0P0SAL120-295E South Prong Slough.doc Page 5 of 8(A�Sc.yin�,F and :l 02020 by CAI %LAI 11 Since t�402-- ENGINEER will review contractor's material submittals and scheduling. Construction inspection services will be provided for the duration of construction in order to ensure that the contractor's work conforms to the requirements of the project design drawings and specifications. Provide certification upon completion of construction and review of contractor provided as-builts. TASK 7 - REIMBURSABLE EXPENSES Reimbursable expenses, such as prints, copies, vellum, postage, etc. SECTION 3: ENGINEERING SCOPE ASSUMPTIONS: In developing this Scope of Services, ENGINEER represents to the CLIENT that the following assumptions have been made and that deviation from these assumptions may require additional work and compensation on behalf of CLIENT to the ENGINEER. 1. This proposal specifically excludes all application and/or impact fees, which shall be the responsibility of CLIENT. 2. Fees for the services of the architect and geotechnical engineer are not included with this proposal and will be billed at cost plus 10% upon approval by the CLIENT. 3. This Scope of Services specifically excludes preparation of legal documents, easement descriptions, structural, mechanical, electrical, landscape, and architectural work. 4. Wetland planting design drawings, plant lists, and installation will be provided by others. 5. Civil engineering design and permitting fees for off-site improvements, such as turn lanes or utility line extensions, are not included with this proposal. 6. Permitting for disposal of any existing on-site hazardous or industrial waste material, or any other underground, unforeseen issues is not included with this proposal. 7. Construction stakeout and as-builts are not included with this proposal. NMHBIPROPOSAU20-295E South Prong Slough.doc Page 6 of 8 _ servin Horida__ ©2020 by CAI i M Since 93 SECTION 4: COMPENSATION The proposed scope of services will be provided on a NOT TO EXCEED basis and 'invoiced monthly based on work performed to date for each task. Task 1—Feasibility Planning............................................................................................. $9,445.00. Task2 — Site Surveys......:........:.........................................................................................$15,420.00. Task 3 — Master Site Plan................................................................................................ $7,960.00. Task 4 — Development of Project Construction Plans ................................................. $19,940.00. Task5 - Permitting.............................................................................. ......................... $17,870.00. Task 6 — Construction Administration and Bidding Assistance ............................... $18,170.00. Task 7 Reimbursable Expenses......................................................................................... $750.00. TOTAL.............................$89,555.00. NAMBIPROPOSALM-295E South Prong Slough.doc Page 7 of 8 _ Serving Florida 02020 by CAIIT., since t,1i94 CARTER ASSOCIATES, INC. JANUARY 2020 FEESCHEDULE Staff Type: Houi iy Rates Engineer (Principal) $165.00 Engineer I $140.00 Engineer II $125.00 Ensineer Ill $115.00 Engineer IV $105.00 Engineer V $ 95.00 Surveyor (Principal) $165.00 Surveyor (Sr. Consultant) $140.00 Surveyor I $140.00 Surveyor 11 $125.00 Surveyor III $105.00 CAD/GIS Tech 1 $115.00 CAD/GIS Tech 11 $110.00 CAD/GIS Tech III $105.00 CAD/GIS Tech IV $ 95.00 CAD/GIS Tech V $ 85.00 Administrative Staff $ 60.00 Expert Witness $300.00 4 Man Survey Crew $175.00 3 -Man Survey Crew $150.00 2 -Man Survey Crew $135.00 1 -Man Survey Crew $110.00 Inspector $ 65.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175:00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,000.00/Week REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each Mileage IRS Standard Rate Mylar $7.00/Each - - Photocopies:- - 8.5" x 1 I" 150/Each 8.5" x 14" 25¢/Each I i" x 17" 35¢/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants Cost + 10% Note: These hourly billing rates will remain effective for the duration of this Agreement NAMMPROPOSAU20-295E South Prong Slough.doc Page 8 of 8 _ Serving Ekjd la 02020 by CAI �� Since icA95 85 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Scott Rodriguez; Senior Planner, Current Development DATE: September 8, 2020 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for a Subdivision to be known as Magnolia Court at Waterway Village PD Phase 2 [PD -13-03-03 / 2004010124- 86812] . It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 15, 2020. DESCRIPTION & CONDITIONS: Magnolia Court at Waterway Village PD Phase 2 is a phase within the overall Waterway Village planned development project and consists of 17 lots on ±2.96 acres. The project site is located on the southeast corner of the 51st Court and 53`d Street intersection. The property is zoned PD, Planned Development, has an L-2, Low -Density Residential -2 (up to 6 units per acre) land use designation, and will have a density of 5.74 units per acre. The subject final plat application is on file with the Planning Division. On April 1, 2019 staff conditionally approved the preliminary PD plan/plat application for Magnolia Court at Waterway Village PD Phase 2. The action approved the conversion of ±2.96 acres on the northwestern corner of POD I from commercial use to residential use thereby adding 17 lots to the overall PODS H, I, J previously approved PD plan/plat PD -17-11-08 within the Waterway Village development. After preliminary plat approval, the developer obtained a land development permit, constructed the subdivision improvements, and it is anticipated that a Certificate of Completion will be issued by Public Works prior to the September 15th Board meeting. The applicant has submitted a final plat in general conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Magnolia Court at Waterway Village PD Phase 2. ANALYSIS: All of the required improvements for Magnolia Court at Waterway Village PD Phase 2 have been completed and inspected with the exception of the final lift of asphalt; and it is anticipated that a Certificate of Completion will be issued prior to the September 15th Board meeting. As part of the 196 Certificate of Completion process, the developer has executed a Contract for Construction for Final Lift of Asphalt and posted supporting security in the form of an acceptable letter of credit to guarantee the laying of the final lift of asphalt. The developer has also executed a Warranty and Guaranty Agreement and posted a surety bond to warranty the road and drainage improvements. All improvements (stormwater tracts, landscape tracts, roadways) will be private,.with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation as required by the Utility Services Department. All requirements of final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Magnolia Court at Waterway Village PD Phase 2. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 197 GO ON Y O l m N n 0 w❑ 0 ❑ co0: a Z w U Anil 3=MI rc 2Q h W Uw MW F S's � 3 30 pal Ww 2 r I 311 AAL � I F- J® t I �'• (D ❑ a <J r ❑ —o Z w o O K LL I ,m9tt 3A:SIAM $ 0M U >ILx' J_ Qg; �pV Q ® / ❑Zm a p 8 V a Q awz I I m - o— B i O® Si w 3Zw K O ~ W r'j�n HaN n O m a F Qay R O.0 Zwp W a a ~ N Q Z U O w 1 11� w N ^ r O -- --- U 1 I r 1 U 1- I j� a j p9 ;�T i��'�e�3 �® i� ------- 0 OO AOSl131Sz4AN i s M.fE.ZI APR �Z V e1 M r Q o 1 C w c w 0 w m ¢ Y 0 p®----� l a I e ]U A91 0 0 0 0 a Z w g O® 8 Anil 3=MI r I I$$ J h I Uw d w S's APR, 3A:zWM 30 pal I CF _ yyy I 311 AAL � I F- J® t I �'• APslt I=31Pi� A'1 O I S I S —o � b I ,m9tt 3A:SIAM $ 0M U >ILx' APLu ;♦tzlAn Q ® , 8 AOSII LtAlAll I I � - o— B i O® Si AOTtt i1sZIAX I ^ Q I I r I lb'ld SIH1 d0121b'd V ION AP'sll m.EEzl.os ¢ b lu rc _ LS Od 'OESd WTH SOOd) Od 3OV111A (ANN 31VAR1d.09) _ _ AVM2i31VM 1tl 1tlf10O tlIlON'JVW ',Zi1.. lOV211 3NVf10S tl3dSVf 1 $ 0® N Q 6 ^� 19'LEl M.EE21.05 L ----------- --- 1 11� �> W ^ AlSll 3AEztAN -- --- ----------- \ 1 I r 1 ? n � m ^ i� I j� a j p9 ;�T i��'�e�3 �® i� ------- 1 I Iii AOSl131Sz4AN i I I � M.fE.ZI APR Lq'OS APR e1 M I I 1 i ^I l a I e ]U A91 J R LS Od 'OE 8d (f'I'H SOOd) Od 30VllIA '..EO. I AO Ul 31 i M I j I g O® 8 Anil 3=MI r I I$$ J h I Uw I �ZZ APR, 3A:zWM 30 pal I CF _ yyy I 311 AAL � I F- J® t I �'• APslt I=31Pi� A'1 O I S I S I I � b I ,m9tt 3A:SIAM $ 0M U >ILx' APLu ;♦tzlAn Q ® , TI Alll AOSII LtAlAll I I � = r B i O® Si AOTtt i1sZIAX I I I I r I r 1 �8 I A I OJ Q i p U I I I 1 I I i � I . APS1l iaslar � I APsll 3RAlAM I I r l n j b e i' ✓�1 I �r0 e l o g x A== Sn" 0 F _ �® 00 00 U' l 1Vld SIHl JO IHVd V ION Z LS Od 'OE 8d (f'I'H SOOd) Od 30VllIA '..EO. ?€ m AVMN31VAA 1V iNnoO VIIONOVW I0VdI - 1 r wa aoR� h Uw I �ZZ 96lL 30Vd 'Blot Sao R m $ u (S31HYA Hlol41 AVd) 1N/loo 1SlS otituslX3 z U' l 1 I I I I I I Z r a I I r 0a 1 r wa aoR� a Uw I �ZZ ¢g Sa1'o rn I J_a zo UO a¢�� �} U �3am a Uwva a I a¢ o r� Z Ua I I I j� 3^ I I I Q fl; 1 M �_ --- $ ------- U' FU Z N W mr _— wa aoR� ,��o R Nw_ �ZZ f �Zrwo 0 0^ N2 �} W J Y rsiP�eelro �_� .•x-�em.w\wm io r.^wx^P\mw4r.Mnrx. cw<nolro\s^�re-ew\=a uroec.ec.eP PlPe a •�+ lr�a ci er is oma soiG ».�e..^s �».s nw,n s^ a e »�wa rqm INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Andy Sobczak; Chief, Environmental Planning and Code Enforcement THROUGH: Phillip J Matson, AICP; Community Development Director DATE: September 8, 2020 SUBJECT: Acceptance of a Florida Department of Environmental Protection (FDEP) FY 2020- 2021 Florida Resilient Coastlines Program (FRCP) Resilience Planning Grant (RPG) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of September 15, 2020. DESCRIPTION & CONDITIONS On October 1, 2019, the Board of County Commissioners considered an informational item regarding an application by County staff for a Florida Department of Environmental Protection's (FDEP) Florida Resilient Coastlines Program (FRCP) Resilience Planning Grant (RPG). RPGs help coastal communities in Florida prepare and plan for rising sea levels, coastal flooding and erosion, and ecosystem changes, and eligible applicants include local governments within the 35 coastal counties of Florida that are required to have a Coastal Management Element in their comprehensive plan. The maximum RPG award is $75,000.00, which can be used towards projects in the following five Priority Areas: 1. Compliance with "Peril of Flood" statute (Sec. 163.3178(2)(f) F.S.) for communities with a Coastal Management Element in their comprehensive plan. 2. Development of Adaptation Action Areas and associated Goals, Objectives, and Policies for communities with a Coastal Management Element in their comprehensive plan. 3. Vulnerability Assessments, Adaptation Plans or Resilience Plans other than that necessary for compliance with Peril of Flood Requirements, such as those for historic resources or stormwater management systems. 4. Regional collaboration efforts. 5. Environmental Justice to ensure that all aspects of the environment are being considered in the plan and its outcomes, such as those for historic resources or stormwater management systems. ANALYSIS On. October 4, 2019, County staff submitted an RPG grant application to FDEP for completion of a sea level rise exposure analysis and vulnerability assessment of critical property, infrastructure, and communities located in Indian River County. As part of this assessment, adaptation strategies will be identified to address property, infrastructure, and communities identified as potentially vulnerable to sea level rise inundation impacts. 200 While the 2020-2021 RPG award cycle was delayed due to COVID-19, on July 22, 2020, FDEP announced that Indian River County was one of the successful recipients of the grant for the maximum award of $75,000.00. In preparation for the grant application, County staff requested a draft Scope of Work for the sea level rise exposure analysis and vulnerability assessment from Kimley-Horn and Associates, Inc. On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley-Horn and Associates, Inc. (KHA). The deliverables for the project will include coordination of public stakeholder meetings, summary reports of collected data, preliminary exposure analysis, vulnerability assessment, and development of sea level rise adaptation strategies. Furthermore, the project will include acquisition of the current Digital Elevation Model, sea level rise inundation, storm surge, design rainfall, and Federal Emergency Management Agency (FEMA) flood map data for use in the analyses. To move forward with the project, the State of Florida Department of Environmental Protection Standard Grant Agreement must be executed by the Chairman of the Board of County Commissioners. Following approval of the grant agreement, it is anticipated that Kimley-Horn and Associates Inc. will be retained under the Continuing Consulting Engineering Services Agreement to complete the project. FUNDING Funding for the grant will be provided by a budget amendment of $75,000 to the revenue account MSTU/ DEP/ Sea Level Rising Study Grant, Account # 004033-334300-20043, and to the expense account MSTU/Env. Planning/Other Professional Services/DEP-Sea Level Rising Study, Account # 00420724- 033190-20043. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Grant Agreement with the Florida Department of Environmental Protection for the Resilience Planning Grant (RPG), and authorize the chairman to execute the Standard Grant Agreement. ATTACHMENTS 1. FDEP Standard Grant Agreement 2. Table of FY 20-21 RPG Grant Awards 3. Budget Grant Form 201 Award # Grantee's Name Project Title Amount Requested RPG or RIG R2120 Daytona Beach Coastal Resiliency Planning $75,000.00 RPG R2131 Hallandale Beach Stormwater Management System - Infrastructure Adaptation Plan $75,000.00 RPG R2114 Indian River County BOCC Vulnerability Assessment $75,000.00 RPG R2113 Marathon Resilient Marathon Phase 2 $75,000.00 RPG R2138 Melbourne Coastal Resiliency Plan $75,000.00 RPG R2128 Miami -Dade Count County Building Neighborhood Resilience: Adaptation Action Area for Little River $75,000.00 RPG R2111 Monroe County BOCC Resilient Coastlines Program $75,000.00 RPG R2118 Naples Stormwater Management System $75,000.00 RPG R2132 North Miami Vulnerability Assessment and Resiliency Adaptation Action Plan $75,000.00 RPG R2134 Oldsmar Resiliency Plan Phase 2 $75,000.00 RPG R2141 Parker Martin Lake Estuary Resiliency Assessment $75,000.00 RPG R2116 Pensacola Resilient Coastlines Program $75,000.00 RPG R2136 Pinellas Count County BOCC Comprehensive Plan Evaluation and Post -Disaster Redevelopment Plan Update $75,000.00 RPG R2117 Santa Rosa County BOCC Floridatown Coastal Resiliency Project Phase 2 $75,000.00 RIG R2130 St. Augustine g Assess Vulnerability of OSTDS to SLR and Storm Surge to DevelopAdaptation Plans Phase 1 $75,000.00 RPG R2133 St. Lucie County BOCC Vulnerability Study Phase 1 $75,000.00 RPG R2129 Tampa Land Regulatory Response to Sea Level Rise $75,000.00 RPG R2110 Lake Park Coastal Vulnerability, Risk & Adaptation Analysis $75,000.00 RPG R2109 Venice Resilience Plan $75,000.00 RPG R2124 Volusia Resilient Volusia Phase 2 - Adaptation Action Areas $75,000.00 RPG R2115 St. Augustine Beach Vulnerability Assessment $72,500.00 RPG R2112 Brevard County BOCC Planning for Resilience $70,000.00 RPG R2125 Manatee County Improving Social Resilience in Manatee County $70,000.00 RPG R2104 St. John's County BOCC Community Resilience Planning $70,000.00 RPG R2107 Madeira Beach Community Resilience Planning $66,000.00 RPG R2106 Neptune Beach Community Resilience Planning $66,000.00 RPG R2119 Canaveral Cape p Incorporating Resilience in Cape Canaveral's Comprehensive Plan $65,000.00 RPG R2101 Jacksonville Adaptation Action Area Public Engagement Workshops for Continued ResiliencyPlanning$60,000.00 RPG R2142 Satellite Beach East Central Florida Regional Resiliency Collaborative Development $60,000.00 RPG R2139 Flagler County BOCC County -wide Approach to Resilience Planning $50,000.00 RPG R2137 Atlantic Beach Adaptation Planning $40,000.00 RPG R2126 Oak Hill Comprehensive Plan Update $25,000.00 RPG R2103 North Port Resilient Coastal Program $25,000.00 RPG 202 GRANT NAME: FloridaResilient Coastlines Program Grant AMOUNT OF GRANT: $75,000.00 GRANT # R2114 DEPARTMENT RECEIVING GRANT: Community Development CONTACT PERSON: Andy Sobczak TELEPHONE: 226-1258 1. How long is the grant for? 1 -year Starting Date: Sept. 15, 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant 0 % 5. Grant match amount required 0'00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement - Contributions 012.13 Insurance - Life & Health 012.14 1 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ And Sobczak Digitally signed by Andy Sobczak Signature of Preparers y Date: 2020.09.08 09:53:00 -04'00' Date: Grant Amount- Other Match Costs Not Covered Match Total First Year $ 75,000.00 $ $ $ 75,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ And Sobczak Digitally signed by Andy Sobczak Signature of Preparers y Date: 2020.09.08 09:53:00 -04'00' Date: q(tl Indian River County, Florida Department of Utility Services Board Memorandum Date: August 17, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, PE, Utilities Engineer Subject: Amendment No. 5 to Agreement for Professional Services with Bowman Consulting Group, Ltd., 58th Avenue Reclamation 57th Street to 85th Street (IRC -1325) Description and Conditions: On May 23, 2017, the Indian River County Board of County Commissioners (BCC) approved an Agreement for Professional Services with Bowman Consulting Group, Ltd., (Bowman) for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57th Street to 85th Street in the amount of $397,746.00. Four amendments have been approved by the BCC bringing the agreement total to $509,028.00. Since construction for the roadway project started on July 27, 2020, there have been several design changes needed. Amendment No. 5 will authorize Bowman to obtain permits related to Indian River County Department of Utility Services (IRCDUS) utilities relocation from Indian River Farms Water Control District (IRFWCD) and Florida Department of Environmental Protection (FDEP). The fee for this additional service will total $1,650.00, including FDEP application fees. This amendment brings the total contract amount to $510,678.00. Funding: Funds for this project are derived from the Operating Fund. Operating Fund revenues are generated from water and sewer sales. Description Account Number Amount 20" Water Main Relocation — 58th Ave at 69th St 1 471-169000-18525 $1,650.00 Recommendation: Staff recommends the Board of County Commissioners (BCC) approve Amendment No. 5 for a lump sum fee of $1,650.00, and requests the BCC authorize the Chairman to execute Amendment No. 5 on their behalf. Attachments: 1 . Amendment No. 5 with Bowman Consulting Group, Ltd. 204 FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD THIS FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD ("Fifth Amendment") is entered into as of the _ day of September, 2020 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27'h Street, Vero Beach, Florida, 32960 ("County"), and Bowman Consulting Group, LTD., a Virginian corporation authorized to do business in Florida, whose address is 3863 Centerview Drive, Suite 300, Chantilly, VA 20151 (the "Consultant'). RECITALS WHEREAS, on May 23, 2018, County and Consultant entered into an Agreement for Professional Services for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57' Street to 85th Street (the "Agreement'); and WHEREAS, on June 12, 2018, the County and Consultant entered into a First Amendment to the Agreement for preparation of waterline designs; bid services, construction engineering services and project turnover of utility relocations associated with the construction of 58th Avenue Pavement Reclamation and Resurfacing from 57b Avenue to 85th Street/CR 510; and WHEREAS, on December 11, 2018, the County and Consultant entered into a Second Amendment to the Agreement for the design of a communication network throughout the project limits with the construction of 58h Avenue Pavement Reclamation and Resurfacing from 571' Avenue to 851i Street/CR 510; and WHEREAS, on July 2, 2019, the County and Consultant entered into a Third Amendment to the Agreement for the upgrades to design to 581i Avenue by way of roadway widening between 771` Street and 81St Street to accommodate the addition of a center turn lane to assist with traffic flow into County owned Fairgrounds; WHEREAS, on August 18, 2020, the County and Consultant entered into a Fourth Amendment to the Agreement for drainage modifications to design to 58th Avenue at 73th Street and 81St Street to replace failing storm drain pipes and improve drainage collection and conveyance; WHEREAS, County and Consultant desire to amend the Agreement to provide FDEP permitting services for the 20" waterline relocation associated with the construction of 58th Avenue Pavement Reclamation and resurfacing from 57h Street to 85th Street/CR510. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 205 2. Amendment of Section 5 Compensation. The first sentence of Section 5 — Compensation is amended to read as follows: "The COUNTY shall pay to Consultant the mutually agreed professional fee of $1,650.00 for the work performed under this Fifth Amendment, bringing the total payment to consultant of FIVE HUNDRED AND TEN THOUSAND AND SIX HUNDRED AND SEVENTY EIGHT DOLLARS ($510,678.00) for Services rendered for the Project, to be paid in monthly installments or a deliverable basis as set forth in the Exhibits." 3. All other provisions of the Agreement shall remain in full force and effect. 206 IN WITNESS WHEREOF, County and Consultant have executed this instrument this _ day of September, 2020. BOWMAN CONSULTING GROUP, LTD 4450 W. Eau Gallie Boulevard, Suite 232 Melbourne, Florida 32934 IM Robert A. Hickey, Secretary WITNESSED BY: Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Jason E. Brown, County Administrator INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BY: Deputy Clerk 207 Indian River County, Florida Department of Utility Services Board Memorandum Date: September 4, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Richard Meckes, Wastewater Superintendent Subject: Award of Bid #2020051, Annual Bid to Furnish and Deliver Polymer Background/Analysis: Bid #2020051, the annual bid to furnish and deliver polymer for the period October 1, 2020, through September 30, 2021, with two one-year renewals available, was opened on August 6, 2020. Polymer is used at the West Regional Wastewater Treatment Facility (WWTF), the South Regional WWTF, and the Central Regional WWTF. Polymer is used to physically and chemically flocculate the waste sludge so that it can be dewatered at the facility prior to being hauled to the Residuals Dewatering Facility (RDF) for further treatment. The polymer assists in settlement of suspended solids to reduce the volume of sludge that is hauled to the RDF. Historically the facilities have used approximately 6,500 gallons of polymer over a 12 - month period. This volume is the same as the quantity used for Fiscal Year (FY) 2019/2020. The price per gallon for FY 2019/2020 was $9.632. Bidder's Name Total Annual Bid Per gallon price Nalco Company, LLC $43,065.00 $8.613 Polydyne, Inc. $49,450.00 $9.890 Solenis, LLC $54,600.00 $10.92 The review of the bids revealed that the low bidder took exception to the requirement in the bid specifications for delivery within seven days of order. The low bidder stated it requires two weeks to deliver and therefore is not responsible, as it does not have the capability in all respects to fully perform the contract requirements. Indian River County Department of Utility Services (IRCDUS) requires a seven- day delivery window due to changing operational conditions within the facilities and emergency operations in the event of a national, regional, or local disaster. Further analysis of the three bidders were evaluated to determine their qualifications and their conformance with the technical specifications. It was determined that the second lowest bidder, Polydyne Inc., is the lowest responsive and responsible bidder. Based on the Polydyne Inc. submitted bid, the cost per gallon of polymer reflects an increase of 2.68% for FY 2020/2021. The budget for FY 2019/2020 is expected to be $62,608.00, and the proposed budget for FY 2020/2021 is estimated at $65,000.00 208 Funding: Funds for polymer are in the chemicals budget for the Wastewater division, which are part of the Utilities operating funds. The proposed budget for FY 2020/2021 includes the funding listed below. Staff believes the proposed budget includes enough funding to absorb the price increase as listed. Utilities operating funds are generated from water and sewer sales. Description Account Number Total Budget Chemicals Wastewater Treatment 47121836-035230 $ 62,608.00 FY 2019/2020 Chemicals Wastewater Treatment 47121836-035230 $ 65,000.00 FY 2020/2021 Recommendation: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners award Bid #2020051 to Polydyne, Inc., and authorize the Purchasing Division to issue purchase orders, and to renew the bid for two additional one-year periods at the same terms and pricing. 209 CONSENT AGENDA: 9/15/2020 gV) Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: September 9, 2020 SUBJECT: Ratification of Cash Deposit and Escrow Agreement with regard to Blue Goose Construction LLC's Guarantee to Complete 16 -Inch Valve Replacement Along U.S. Highway 1 Near 65th Street under Continuing Contract Agreement The contractor, Blue Goose Construction, LLC, in accordance with a purchase order under a continuing contract agreement with Indian River County, will be replacing a 16 -inch valve along U.S. Highway 1 near 65th Street, and is required to post acceptable security in the amount of $135,050.64. Blue Goose Construction, LLC has provided cash, and in support of the cash posting, a Cash Deposit and Escrow Agreement was prepared and executed by the contractor. The Cash Deposit and Escrow Agreement also required the approval of the Board of County Commissioners. Based on Resolution No. 2020-055, authorization was delegated to the County Administrator or his designee to execute all documents necessary to the proper functioning of the County during the period between August 19 and September 14, 2020. On September 8, 2020, the Cash Deposit and Escrow Agreement was executed by the County Administrator under authority of Resolution No. 2020-055. In accordance with Resolution No. 2020-055, the Cash Deposit and Escrow Agreement is presented herewith for ratification by the Board of County Commissioners. FUNDING: There is no cost to the County associated with this item. 210 REQUESTED ACTION: Approve and ratify the Cash Deposit and Escrow Agreement with regard to the posting of guaranty security for the 16 -inch valve replacement along U.S. Highway 1 near 65th Street by Blue Goose Construction LLC. /nhm Attachment: Cash Deposit and Escrow Agreement 211 CASH DEPOSIT AND ESCROW AGREEMENT Re: U.S. Highway 1 —16" Valve Replacement in the vicinity of 65th Street THIS CASH DEPOSIT AND ESCROW AGREEMENT (Agreement) is entered into this day of September, 2020, by and between Blue Goose Construction LLC, a Florida limited liability company, having a mailing address of 9901 Okeechobee Road., Fort Pierce, Florida 34945 (Contractor), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County), WHEREAS, Contractor, pursuant to a purchase order under "Continuing Contract Agreement between County and Contractor Construction of Water, Sewer and Reclaimed Water Line Replacements/Extensions and Miscellaneous Annual Requirements Labor Contract Indian River County Bid No. 2020039" dated July 7, 2020 (Contract) is to remove or replace existing 16 -inch gate valves, including excavation, utility work, restoration (sod) and asphalt repaving along U.S. Highway 1 in the vicinity of 65th Street, with the expected completion being on or before September 30, 2020; and WHEREAS, pursuant to Indian River County Code, Contractor is required to provide financial surety to guarantee completion of the work. NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Contractor has tendered to the County's Office of Management and Budget (Escrow Agent) the sum of $135,050.64 cash, the receipt whereof is hereby acknowledged, which sum shall be held in`escrow by the Escrow Agent, subject to the terms, conditions and covenants of this Agreement as assurance that Contractor shall perform in all respects the obligations set forth in the Contract. Contractor may at any time substitute guarantees, subject to the approval as to form and amount by the County. 2. Upon completion of the specified work, the Contractor may obtain a disbursement from the escrow account by making a written request to Indian River County through the County's Director of Utility Services (Director). The request shall specify the amount of disbursement, and that the work for which disbursement is requested has been completed, including restoration, to the satisfaction of Florida Department of Transportation and Indian River County Department of Utility Services' Utilities Engineer. 212 3. Within seven (7) working days after receipt of a disbursement request, the Director shall cause an inspection of the work for which payment is sought. Disbursement shall occur only after completion of all utility work and restoration to the satisfaction of Florida Department of Transportation and Indian River County Department of Utility Services' Utilities Engineer. If the Director is satisfied in all respects with the work, the Director shall approve the disbursement. Approval of any disbursement shall be in writing delivered to the Escrow Agent. Upon receipt of the written approval of the disbursement, the Escrow Agent shall make the disbursement described therein directly to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 4. Upon default by Contractor under the Contract, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Contractor has defaulted under the Contract and that said funds are necessary to complete the improvements. All funds disbursed to County in excess of the final amount determined necessary by the County to complete the improvements shall be returned to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 5. Any interest earned during the term of escrow, if more than six months, shall be disbursed at the end of escrow less administrative expenses to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 6. Any cash deposit (or any County approved substituted guarantees) provided to the County by Contractor with respect to this Agreement, shall exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman, architect, engineer, attorney or any other party providing labor, material, supplies, or services for the work, while such funds remain subject to this Agreement. The County shall not be liable to any of the aforementioned parties for claims against the Contractor relating to the improvements. 7. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. 213 IN WITNESS WHEREOF, the parties hereto. have set their hands and seals. The effective date of this Agreement shall be the date of execution by the County Administrator on behalf of the Board of County Commissioners of Indian River County, Florida. Date Date Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney BLUE GOOSE CONSTRUCTION, LLC Contractor M - Richard M. Carnell, Jr., Manager INDIAN RIVER COUNTY by its Board of County Commissioners County 0 Jason E. Brown, County Administrator (under authority of Resolution No. 2020-055) 214 CONSENT AGENDA: 9/15/2020 qX Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: September 9, 2020 ATTORNEY SUBJECT: Ratification of Amendment to Cash Deposit and Escrow Agreement re Increase in Posted Security for Fourth Phase Restoration — Wild Turkey Sand Mine Section 934.07(5) of the Indian River County Code was amended to require that every three years the owner/operator, during the life of the mining operation, shall submit to the Public Works Director for approval an updated cost estimate, and any shortage of security as a result of the updated and approved cost estimate must be in place for the mining permit renewal process. Wild Turkey Estates of Vero, L.L.C. submitted an updated cost estimate which reflected that additional monies for both the restoration of Phase 3 and the fourth phase, each in the amount of $19,789.10, were required to be posted in order for the renewal of its mining permit. It is noted that no additional funds were required for the compliance portions. For Phase 3, the additional monies were posted in the form of a rider to an existing surety bond; and for the fourth phase, cash was provided. In support of the fourth phase cash posting, an Amendment to Cash Deposit and Escrow Agreement was prepared and executed by the parties to the initial Cash Deposit and Escrow Agreement, and the Amendment also required the approval of the Board of County Commissioners. Based on Resolution No. 2020-055, authorization was delegated to the County Administrator or his designee to execute all documents necessary to the proper functioning of the County during the period between August 19 and September 14, 2020. On September 8, 2020, the Amendment to Cash Deposit and Escrow Agreement was executed by the County Administrator under authority of Resolution No. 2020-055. 215 In accordance with Resolution No. 2020-055, the Amended Cash Deposit and Escrow Agreement is presented herewith for ratification by the Board of County Commissioners. FUNDING: There is no cost to the County associated with this item. REQUESTED ACTION: Approve and ratify the Amended Cash Deposit and Escrow Agreement with regard to the posting of additional monies for the fourth phase restoration for Wild Turkey Sand Mine. /nhm Attachment: Amendment to Cash Deposit and Escrow Agreement FOURTH PHASE AMENDMENT TO CASH DEPOSIT AND ESCROW AGREEMENT FOR RESTORATION RE: WILD TURKEY SAND MINE SP -MA -07-10-34 (2004120019-59695) THIS AMENDMENT is entered into this day of , 2020, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer and Additional Funder), Duane C. Pankratz (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post security insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, in March, 2011, Funder posted $83,867.74 cash to guarantee compliance with the restoration requirements of the approved mining site plan for Phase 1, which funds were subsequently reduced in May, 2011 to $67,710.90. Said Phase 1 was restored and the restoration funds were transferred to the second phase. The second phase was thereafter restored and the restoration funds were then transferred to the third phase. The third phase was then restored and the restoration funds were transferred to the fourth phase as earmarked in that certain Cash Deposit and Escrow Agreement for Restoration re Wild Turkey Sand Mine (fourth phase) dated October 3, 2017; and WHEREAS, Section 934.07(5) of the Indian River County Code was amended to require that every three years the Developer, during the life of the mining operation, shall submit an updated cost estimate for approval by the Public Works Director or his designee, and any shortage of security for either compliance or restoration, as a result of the updated and approved cost estimate, must be in place for the mining permit renewal process; and WHEREAS, Developer has submitted, and the Public Works Director has approved, an updated cost estimate for the fourth phase which reflects an increase to restoration costs by $19,789.10 that is required to be posted; said updated and approved cost estimate dated June 25, 2020 is attached hereto as Exhibit "A," 217 NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Additional Funder has tendered to the County Office of Management and Budget (Escrow Agent) additional cash in the amount of $19,789.10 representing the increase in the restoration amount as reflected in Exhibit "A"; said sum shall be held in escrow by Escrow Agent along with the $67,710.90 cash previously posted by Funder which has been earmarked for the fourth phase restoration, subject to the terms, conditions and covenants of the Cash Deposit and Escrow Agreement for Restoration for the fourth phase, dated October 3, 2017 as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site restoration. 2. All other terms and conditions contained in the October 3, 2017 Cash Deposit and Escrow Agreement for Restoration for the fourth phase of Wild Turkey Sand Mine remain unchanged. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Amendment shall be the date of approval by the Board of County Commissioners. Date: Date: WILD TURKEY ESTATES OF VERO, L.L.C., a Florida limited liability company M Chris Hampton Authorized Representative DEVELOPER and ADDITIONAL FUNDER By: Duane C. Pankratz FUNDER 218 OFFICE OF MANAGEMENT AND BUDGET By: Kristin Daniels OMB Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Jason E. Brown County Administrator BCC authority: Resolution No. 2020-055 219 QV • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Ratification of Emergency PO (86941) to Trane U.S. Inc. for Courthouse A/C Chilled Water Air Handler Refurbishment DATE: September 9, 2020 DESCRIPTION AND CONDITIONS The Courthouse HVAC system includes 20 air handlers that have been in service since 1993. One of those units located on the first floor requires immediate refurbishment due to leaks caused by rust and degradation to the drain section. The existing units were manufactured by Trane U.S., therefore OEM refurbishment must be completed by Trane. Section 105.01, Indian River County Code provides that "in an emergency, contracts for purchase of parts or repairs to then -existing county equipment or machinery may be purchased or contracted by the county administrator in his capacity as the county administrator, provided the county administrator certifies that a true emergency exists, and routes a copy of the purchase order or contract to the commission for its inspection with a memorandum describing the emergency situation." The purchasing manual states that "approved requests exceeding $75,000 will be presented to the Board of County Commissioners for ratification." The County Administrator authorized issue of Emergency PO 86941 to Trane on September 3, 2020 to facilitate the order of parts necessary to complete the replacement and repairs as quickly as possible. The work to be completed includes factory refurbishment on the existing Chilled Water Air Handler Unit (AHU 1-1), sealing and coating of the entire return and outside air section of the existing CHW AHU and CHW Coil; furnish and install new "like for like" chilled water coil, blower wheel, shaft, bearings, motor, and sheaves, repair Outside/Fresh Air bottom section of the ductwork, and install (2) Bi -polar ionization (BPI) devices on the discharge duct. The Public Works Director has tasked Trane to develop a multi-year refurbishment program for the remaining air handlers at the Courthouse for CIE purposes. FUNDING The estimated cost of the refurbishment is $83,530.00, which is available in Optional Sales Tax/Facilities Management/Other Improvements Except Buildings, Account # 31522019-066390. RECOMMENDATION Staff recommends the Board of County Commissioners ratify the issue of PO 86941 to Trane U.S.., Inc. for $83,530. Staff also recommends the Board Authorize the County Administrator to authorize a change order up to $10,000 to cover unanticipated costs that may be identified during the refurbishment and determined necessary by the Public Works Director. ATTACHMENT PO 86941 Trane Quote APPROVED AGENDA ITEM FOR SEPTEMBER 15, 2020 220 �v I Indian River County Purchasing Division OG 1800 27th Street y Vero Beach, FL 32960 Purchasing@ircgov.com * (772) 226-1416 B Finance Department I County Administration Building L 1801 27th Street, Bldg A L Vero Beach, FL 32960 T Finance@ircgov.com O Florida Sales Tax Exemption I.D. # 85-8012622034C-3 ORIGINAL Purchase Order Fiscal Year 2020 Page 1 of THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Order # Purchase 86941-00 V TRANE US INC S COUNTY COURTHOUSE E 6965 VISTA PARKWAY N H N SUITE 11 I 2000 16TH AV D WEST PALM BEACH FL 33411 I' VERO BEACH FL 32960 O T R O Vendor Phone Number Vendor Fax Number Reguisition Number Contact Person 866-273-3741 321-473-1227 3396 772-226-3490 Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 09/09/2020 10291 BUILDING OPERATIONS Item# Description/Part No. Qty UOM Unit Price Extended Price 1 COURTHOUSE AIR HANDLER Factory refurbishment on the existing Chilled Water Air Handler Unit (AHU 1-1), sealing and coating of the entire return and outside air section of the existing CHW AHU and CHW Coil; furnish and install new olike for like o chilled water coil, blower wheel, shaft, bearings, motor, and sheaves, repair Outside/Fresh Air bottom section of the ductwork, and install (2) Bi -polar ionization (BPI) devices on discharge duct ******** GLSUMMARY ******** 31522019 - 066390 83, 530.00 1.0 EACH $83,530.000 $83,530.00 DEPARTMENT COPY PO Total 221 1 3 530.00 Trane South Florida 2884 Corporate Way ME � Miramar, FL 33025 Phone: (954)499-6900 Fax: (954)499-2218 Oppy # 2928116 September 1, 2020 Indian River County Admin Complex 2625 19th Avenue Vero Beach, FL 32961 Re: Indian River Countv Courthouse — Air Handler 1-1 Refurbishment Attention: Rich Szpyrka Trane is pleased to offer this proposal to perform a factory refurbishment on the existing Chilled Water Air Handler Unit (AHU 1-1) due to the condition and useful life of existing components. The existing unit is leaking due to rust and corrosion and degradation to the drain section. The refurbishment consists of sealing and coating of the entire return and outside air section of the existing CHW AHU and CHW Coil; furnish and install new "like for like" chilled water coil, blower wheel, shaft, bearings, motor, and sheaves at the above referenced site. Also the Outside/Fresh Air bottom section of the ductwork is completely corroded out and will be repaired as part of this project. We also install (2) Bi -polar ionization (BPI) devices on discharge duct of the AHU to help with Indoor Air Quality (IAQ). Trane's Factory Refurbishment includes OEM replacement parts, proper sizing of new coil and blower parts and carriers a 5 year parts warranty on new chilled water coil. The insulation for the unit will also be replaced. Further to ensure longevity we are providing a protective coating to all new parts which should extend the life, the coating has a 5 year warranty as well. In addition to the mechanical refurbishment work on the AHU we have included a new exhaust fan and new chilled water actuator on this unit as the current is in poor shape. The new exhaust fan and actuator will be commissioned into the Trane Energy Management System. This proposal reflects a Factory Refurbishment Scope is a turnkey and includes the necessary: Equipment, Miscellaneous material, Coating services, Labor, Project Management and Supervision. Equipment Scope: ➢ New Factory OEM chilled water coil ➢ New Factory OEM replacement blower assembly - blower wheel, shaft, bearings, sheaves and motor (housing excluded) ➢ New OEM Greenheck exhaust fan and Belimo actuator ➢ Bi -polar Ionization Devices (2) Installation Scope: L During an agreed upon time period, Trane will shut down and electrically tag -out the existing equipment and components to be removed. 2. Disconnect necessary electrical components to perform AHU refurbishment 3. Mechanically and electrically disconnect old exhaust fan. 222 �/'i/ Ingersoll Rand 4. Provide and install new OEM Greenheck exhaust fan 5. Mechanically disconnect the existing Trane air handler, any existing ductwork and insulation that is required to grind, sand, clean, seal and coat the bottom of the air handler. 6. Remove insulation and piping as needed to access the unit and prepare for coil removal 7. Take the existing Air Handler apart to properly access the internal section of the unit 8. Mechanically disconnect the existing Trane CHW AHU chilled water coil, blower wheel, shaft, bearings, exhaust fan, actuator, motor and sheaves to be removed 9. Disconnect, provide rigging as needed to remove and properly dispose of the existing chilled water coil and blower assembly. 10. Seal and coat bottom of the air handler 11. Provide and set the new chilled water coil and blower assembly into place and fasten onto existing pad. 12. Reconnect the existing piping connections and provide new piping where needed including fittings as required to properly reconnect the new coil 13. Provide and install new Belimo chilled water actuator 14. Reconnect the existing power wiring circuit to electrical connections provided on AHU 1-I 15. Provide and install (2) BPI devices to help with IAQ. 16. Start up and equipment commissioning of AHU 1-1 to be performed by Trane Factory Certified Technician, upon completion of the installation scope. 17 5 year warranty on new mechanical parts 18. 1 year warranty on any labor associated with repairs 19. 5 year warranty on coating product Not Included. ➢ Permits fees of any kind. ➢ Replacement of electrical breakers, disconnects, or wires — customer to supply if required ➢ Engineering or drawings of any kind ➢ Controls components, integration, graphics or programming of any kind. If any controls components require replacement they will be quoted separately. ➢ Any fire alarm related controls, piping, wiring, components, smoke detectors, permits, associated labor, or other fire protection of any kind. ➢ Independent test and balance. ➢ Any changes or additions to the scope of work as described above. Pricin : Price for installation labor and materials as outlined in installation scope................$83,530 OEM Replacement Parts and Components $20,320 Factory Labor and Project Management $31,640 Subcontract (sheet metal, insulation, AHU coating) $31,570 Thank you for giving Trane this opportunity and feel free to contact me at any time with questions or concerns. Sincerely, Amar Sukhai Account Manager Trane ��223 4��f:/ Ingersdi Rand This proposal is valid for 30 days from the date of proposal. This agreement is subject to the attached Trane Terms and Conditions CUSTOMER ACCEPTANCE TRANE . Authorized Representative Authorized Representative Title COVID-19 NATIONAL EMERGENCY CLAUSE: Title The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. TERMS AND CONDITIONS — QUOTED SERVICE "Company" shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Trane's performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement, Trane will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the services (the "Services") on equipment listed in the Proposal (the "Covered Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terns and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions. If Customer's order is expressly conditioned upon the Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company's counter-offer will be deemed accepted. Customer's acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer's obligation to pay for Services rendered by Company to the date of cancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer's account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer's right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer's account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the "Service Fee(s)") shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company's regular business hours and any after-hours services shall be billed separately according to the then prevailing ��224 J? Ingersoll Rand overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acceptable tax exemption certificates. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due. 6. Payment. Payment is due upon receipt of Company's invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty fiunished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services famished to date and all damages sustained by Company (including lost profit and overhead) 8. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company. Customer must reimburse Trane for services, repairs, and/or replacements performed by Trane at Customer's request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Trane performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 9. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer's expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 10. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement ("Pre-Existing Conditions") including, without limitation, damages, losses, or expenses involving a Pre-Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included with the Proposal. 11. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company's obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company- provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY HIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 13. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY HIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT A�225 Ingersoll Rand LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER'S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER'S DATA OR COMMUNICATIONS NETWORK. 14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, "Hazardous Materials"). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 15. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 16. Force Majeure. Company's duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tomado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 17. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state's or province's law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 18. Remote Connectivity. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer's building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer's request. The Intelligent Services, including any reports and other information Company provides, are intended to provide operational assessments and recommendations. Electronic Monitoring. Any electronic monitoring Company performs is undertaken solely to enable Company to collect the data and perform any analysis included in Company's Services. Customer agrees that Company is not liable for inability to perform and/or losses that may occur in cases of malfunction or nonfunctioning of communications equipment, HVAC and other equipment, the energy management system, failure to identify equipment or system performance issues, failure to recommend corrective action, or otherwise related to the monitoring of Customer's equipment and building systems. Data Collected. Customer hereby grants to Company the irrevocable, perpetual, nonexclusive, worldwide, royalty -free right and license to use, reproduce, display, distribute internally or externally and prepare derivative works based upon any such data Company collects from Customer. Company shall not use or publish such data in any way that identifies Customer as the source of that data without Customer's prior written consent. The data Company will collect from Customer will not include any personal or individual information. Upon Customer's written request, Company will endeavor to provide an electronic copy of data collected from Customer, subject to availability. For Energy and Building Performance Services (except Energy Assessments and digital assessments), Company will use commercially reasonable efforts to store Customer's data for up to 18 months. Company cannot guarantee the availability of the data. Data Privacy and Security. Company has implemented various security measures for the purpose of protecting Customer's data against accidental or unlawful access, unauthorized disclosure, loss, destruction, and alteration. Customer is responsible for maintaining the confidentiality of Customer's user name(s) and password(s). Customer is responsible for all uses of Customer's password(s), whether or not authorized by Customer. Customer must inform Company immediately of any unauthorized use of Customer's user name(s) or password(s). Transmission of data over the Internet by its nature entails the use of systems under the control of third parties, and as a result Company cannot ensure total control of the security of such systems. Company will take commercially reasonable efforts to ensure that data and other configuration parameters are not visible or accessed by other customers. Customer acknowledges that the very nature of communication via the Internet restricts Company from offering any guarantee of the privacy or confidentiality of information relating to Customer passing over the Internet. In gaining access via the Internet, Customer also acknowledges and accepts that electronic communication may not be free from interference by unauthorized persons and may not remain confidential. Customer therefore accepts that access and storage of data is at Customer's own risk. Company will notify Customer of any breach in security of which Company become aware. Any breach in privacy 226 �I'f/ Ingersoll Rand of which Customer become aware should be reported by Customer to Company immediately. Company does not disclose Customer's information to third parties for their marketing purposes, but Company does use third party software and services to assist Company with collecting and analyzing information. Company may also disclose Customer's information if required to do so by law, in which case, Company would inform Customer of such disclosure. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a United States federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250; and Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (0819) Supersedes 1-10.48 (1114) 22/ AVIngersoll Rand qA Leslie R. Swan Supervisor of Elections Indian River County September 2, 2020 The Honorable Susan Adams Chairman, Board of County Commissioners Indian River County, 180127'h Street, Building A Vero Beach FL 32960 Dear Chairman Adams: The Supervisor of Elections office has been contracted to conduct the City of Sebastian Recall Election on September 15, 2020. The revenue received from the City of Sebastian is $41,100.00. I am requesting to have the revenue received from conducting the City of Sebastian Recall Election to be rolled into the Supervisor of Elections 2019/2020 budget. These election costs were not accounted for in our initial 2019/2020 budget. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosures C'wk'�') 228 .ve : ue • Vero Beach, FL 32967 Office: 772) 226-3440 Fax: (772) 770-5367 1_ wwrv.vot i di z,�.riner,- rr LM5-43�A ( _ Page I Indian River County. FL 229 Leslie Rossway Swan Date 8/19/2020 Supervisor of Elections •rime 03:52 I'M gook Closing Party Summary by Precinct for City of Sebastian Election 93 Recall Election Closing Date = Aug/17/2020 Precinct LW Dems Reps Nou ether OF 7.0 2,125 552 998 546 25 4 0 8.0 2.036 525 939 539 28 5 0 $.1 2,860 814 1,188 817 36 5 0 9.0 4,543 1,211 2,136 1,134 45 17 0 9.1 2,065 568 922 541 27 7 0 10.0 6,921 1,947 2,939 1_,935 87 '13 0 Total 20,550 5,617 9,122 5,512 248 51 0 Page I Indian River County. FL 229 IRC Supervisor of Elections 4375 43rd Ave Bill To CITY OF SEBASTIAN Jeanette Williams, CITY CLERK 1225 MAIN STREET SEBASTIAN, FL 32958 Invoice Date Invoice # 8/26/2020 5142076 item Description # of Voters . Rate Amount SPECIAL. ELECT... SPECIAL ELECT... September 15, 2020 Special Election Balance Owed Less Balance Forward 20,550 2.00 -40,770.00 41,100.00 -40,770.00 Total $330.00 Phone # Fax # E -Mail Web Site 772-226-3443 772-770.5367 tboylc a voteindianrivcr,com www.voteindianrivcr.com 230 RECEIPT IRC Supervisor of Elections 4375 431d Avenue Vero Beach, FL 32967 Bill To City of Sebastian Recall Election lieu►At. 02 rltt - 7 A 14 Invoice: 3339 Date: 8/7/2020 Description Quantity Rate Amount Recall Election i $40,770.00 Check #101575 Initials: AJK Total Paid: - - $40,770.00 231 /6A MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 14, 2020 SUBJECT: Face Covering Ordinance BACKGROUND. On July 14, 2020, the Indian River County Board of County Commissioners enacted an emergency face covering ordinance. The ordinance requires all persons working in restaurants, grocery stores, food service, salons, gyms, any retail establishments, or businesses open to the public or any other indoor facility visited by the public to wear face coverings. The ordinance also requires all persons entering an indoor County facility and those utilizing public transit and transportation in Indian River County to wear face coverings. All other persons physically present in any public place are strongly encouraged to wear face coverings. The ordinance does contain various exceptions. Although the ordinance is intended to serve as a mechanism to seek voluntary compliance, the ordinance does include the ability to issue citations for noncriminal, civil infractions. The ordinance applies throughout the unincorporated areas of Indian River County and in County buildings and facilities in the incorporated areas of Indian River County. That ordinance is set to sunset on September 15, 2020. The County Attorney's Office has drafted the attached proposed ordinance and provided legal notice of the public hearing on the ordinance. The proposed ordinance continues the requirements and recommendations set forth in the initial ordinance until November 17, 2020. The only proposed change in the ordinance is to eliminate two of the exceptions. The first was to eliminate the exception for persons observing social distancing in accordance with CDC guidelines. Under the ordinance, employees are not required to wear a face covering if they are maintaining social distancing. Thus, the exception would only apply to the general public in County buildings and those using public transit. Since the general public is most often going to be in those areas open to the general public, then wearing a face covering should be required so as not to impede the flow and movement of the public by those not wearing face coverings. Additionally, the exception for persons working in a business or profession who do not have interactions with other persons seemed unnecessary as there is already an exception for employees who are maintaining social distancing. 232 Board of County Commissioners August 14, 2020 Page 2 FUNDING. The cost of publication of the required public notice for the public hearing was $114.57. The cost was funded from the Cares Act Fund/County Attorney's Office/Recording Fees (account number 13910214- 03830). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Indian River County Board of County Commissioners vote to approve the draft proposed ordinance. ATTACHMENT(S). Draft Face Covering Ordinance 233 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF RECITALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. WHEREAS, COVID-19, a respiratory illness caused by a virus that spreads rapidly from person to person that can cause serious illness or death, constitutes a clear and present threat to the lives, health, welfare, and safety of the people of Indian River County, and WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order 20-51, directing the declaration of a public health emergency and establishing the State of Florida's response to COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General declared a public health emergency in the State of Florida; and WHEREAS, on March 9, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order Number 20-52, declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and WHEREAS, on March 17, 2020, due to COVID-19, the County Administrator declared that a local state of emergency existed in all of Indian River County; and WHEREAS, the Centers for Disease Control and Prevention (CDC) advises that COVID-19 spreads mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes or talks; these droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and studies and evidence on infection control report that these droplets usually travel around 6 feet; and WHEREAS, The CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre -symptomatic") can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity -- for example, speaking, coughing, or sneezing -- even if those people are not exhibiting symptoms; and WHEREAS, the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain in order to slow 234 the spread of the virus and help people who may have the virus and do not know it from transmitting it to others; and WHEREAS, The CDC does not recommend wearing cloth face covering for children under the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and WHEREAS, Cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making "do-it-yourself' coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and WHEREAS, the CDC, the Florida Department of Health and the University of Florida recommend the use of face coverings, including those which are homemade to slow the spread of the disease; and WHEREAS, the gradual reopening of the State and the County will lead to more contact between individuals and lead to more potential for the increased community spread of the disease. Face masks are of great assistance in preventing individuals from spreading it to other individuals; and WHEREAS, Governor DeSantis, on April 29, 2020, issued Executive Order 20- 112 designed to ease some restrictions established by Executive Order 20-91 in the first phase of a plan to fully reopen the State; and WHEREAS, Executive Order 20-112 does not preempt the authority of local governments to add additional restrictions to businesses opened by the Governor; and WHEREAS, in a recent United States Supreme Court Case, the Court denied injunctive relief where California limited attendance at places of worship due to COVID- 19. Chief Justice Roberts described COVID-19 as "a novel severe acute respiratory illness that has killed... more than 100,000 nationwide" and noted that "(a)t this time there is no known cure, no effective treatment, and no vaccine" and "(b)ecause people may be infected but asymptomatic, they may unwittingly infect others." Chief Justice Roberts also stated the precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact -intensive matter subject to reasonable disagreement. Our Constitution principally entrusts '(t)he safety and the health of the people' to the politically accountable officials of the States ' to guard and protect' ... When those officials 'undertake() to act in areas fraught with medical and scientific uncertainties, 'their latitude' must be especially broad.' ... Where those broad limits are not exceeded, they should not be subject to second-guessing by 'an unelected federal judiciary,' which lacks the background, competence, and expertise to assess public health and is not accountable to the people." S. Bay United Pentecostal Church v. Newsom, 140 S. Ct. 1613; and WHEREAS, Alachua County issued Emergency Order 2020-21 requiring face masks in certain circumstances. The County's Emergency Order was challenged in 235 State Circuit Court and in Federal District Court. Both Courts issued Orders denying Plaintiffs' Emergency Motions for Temporary Injunction. In denying the request for temporary injunction, State Circuit Judge Donna M. Keim stated, "The protection of the safety and welfare of the public is inherent in the role of local government ... The requirement to wear a facial covering during the limited circumstances set forth in the ordinance is a minimal inconvenience; and, its benefits to the public in potentially reducing the spread of COVID- 19 outweighs any inconvenience." "Here, there is a global pandemic involving COVID- 19, a virus which the CDC and others advise is spread through airborne transmission and is spread by asymptomatic individuals. Multiple sources relied upon by the County reflect that mitigation is dependent upon the use of social distancing and personal protection equipment, such as face masks/coverings. The County's need to take measures to control the spread of COVID- 19 clearly outweighs the Plaintiffs private interest in not wearing a mask in the limited circumstances required by the county's emergency order; and an injunction in this situation would disserve the public interest." Green v. Alachua County, Case No.: 01- 2020- CA- 001249 (Order dated May 26, 2020). See also: Ham v. Alachua County Board of County Commissioners et. al. Case No. 1: 20cv111- MW/ GRJ (Order dated June 3, 2020 by Chief United States District Judge Mark E. Walker) ("Plaintiffs have not demonstrated that Alachua County exceeded its broad limits and this Court, like the Supreme Court, will not engage in secondguessing"); and WHEREAS, on June 5, 2020, Governor Ron DeSantis issued Executive Order 20- 139, moving all counties in Florida, other than Miami- Dade, Broward and Palm Beach Counties, into Phase 2 of the plan issued by the Task Force to Re -Open Florida, which Order supersedes Executive Order 20-91, the Safer at Home Order, and supersedes in part, and extends and modifies other provisions of, Executive Order 20- 112; and WHEREAS, on June 20, 2020, the State Surgeon General issued a Public Health Advisory providing that with certain exceptions all individuals in Florida should wear face coverings in any setting where social distancing is not possible; and WHEREAS, the Florida Medical Association President Dr. Ronald Giffler issued a statement saying that "the Florida Medical Association, the state's largest physician organization, encourages local officials to adopt regulations requiring individuals to wear face coverings in public places" and applauded municipalities in Florida that have already adopted mandatory mask use ordinances; and WHEREAS, based on recent information and data from the Indian River County Department of Health, the number of confirmed cases of COVID-19 in Indian River County has increased significantly since additional re -openings were authorized under Phase 2 of the Governor's Plan for Florida's Recovery; and 236 WHEREAS, based on advice from medical professionals, the number of confirmed cases of COVID-19 in Indian River County will increase exponentially if additional measures to stop or slow the spread of COVID-19 are not instituted; and WHEREAS, the County's hospitals and doctors in our community have expressed concern that over the past month, hospital admittance for COVID-19 has had a significant increase; and WHEREAS, the CDC and Florida Department of Health continue to remind residents that by wearing a face covering, the resident protects others from exposure as well as themselves; and WHEREAS, additional steps are needed to minimize the spread of COVID- 19 in response to the recent spike in positive COVID-19 cases and hospital admittances; and WHEREAS, per CDC guidance, persons working in restaurants and businesses frequently come into close contact with members of the public and thus have a greater risk of spreading COVID- 19. Wearing face coverings will significantly help reduce the spread of COVID-19 in Indian River County; and WHEREAS, on June 26, 2020, the County Administrator issued Emergency Order No. 20-15 concerning face coverings; and WHEREAS, in determining whether to enact this Ordinance, the Indian River County Board of County Commissioners considered information received from the Department of Health, the University of Florida, the State Surgeon General, the CDC and other health care providers and medical professionals regarding challenges raised at this point in time by COVID-19; and WHEREAS, on July 7, 2020, Governor Ron DeSantis issued Executive Order 20- 166 extending the state of emergency declared in Executive Order 20-52, as extended by Executive Order 20-114, for an additional 60 days; and WHEREAS, Indian River County is still under a local state of emergency due to the COVID-19 pandemic; WHEREAS, the number of COVID-19 cases in Indian River County have increased from 1,259 cases on July 13, 2020 to 2,766 cases on August 25, 2020; and WHEREAS, the number of deaths related to COVID-19 in Indian River County as of July 13, 2020 was 21 and 87 as of August 25, 2020; and WHEREAS, adopting face covering requirements via ordinance, as opposed to local emergency powers, would permit enforcement through civil citations and fines instead of criminal prosecution as a second-degree misdemeanor; and WHEREAS, on July 14, 2020, the Board enacted Ordinance 2020-09, which established certain face covering requirements and recommendations; and 237 WHEREAS, Ordinance 2020-09 sunsets on September 15, 2020, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein and adopted as the legislative findings of the Indian River County Board of County Commissioners. Section 2. Face Coverings 1.. All persons working in restaurants, grocery stores, food service, salons, gyms, any retail establishments, or businesses open to the public or any other indoor facility visited by the public shall wear face coverings. 2. All persons entering an indoor County facility including, but not limited to; the County Administration Building, libraries, iG center, fire rescue stations, etc. shall wear face coverings. 3. All persons utilizing public transit and transportation in Indian River County shall wear face coverings. 4. All other persons physically present in any public place in Indian River County are strongly encouraged to wear face coverings. 5. A face covering includes any covering which snugly covers the nose and mouth, whether store bought or homemade, and which is secured in place. Persons who wear masks should review the CDC and Florida Department of Health guidelines regarding properly and safely applying, removing, and cleaning masks. 6. EXCEPTIONS: A face covering shall not be required for the following persons: A. Persons under the age of six years; B. Employees for whom a face covering would cause impairment due to an existing health condition or disability; C. Persons working in a business or profession who maintain social distancing from another person or work in their personal office with no interactions from other persons; D. Persons working in a business or profession where use of a face covering would prevent them from performing the duties of the business or profession; E. Persons exercising, while maintaining social distancing; 238 F. Persons eating or drinking; G. Public safety, fire and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies; or H. The requirement shall not apply when a person who is hearing- impaired needs to see the mouth of someone wearing a face covering in order to communicate. Section 3. Penalties and Enforcement. 1) It is the intent of this Ordinance to seek voluntary compliance with the provisions contained herein and to educate and warn of the dangers of noncompliance. A violation of this Ordinance is a noncriminal, civil infraction. A violation of this Ordinance does not authorize the search or arrest of an individual. Indian River County Code Inspectors and Indian River County law enforcement officers are designated to enforce this Ordinance and are authorized to issue a citation if he or she has reasonable cause to believe that a person has committed an act in violation of this Ordinance. Prior to the issuance of a citation, the individual or business will be asked to comply with the Ordinance or be able to explain how an exception in Section 2 applies to them. Failure to comply with the requirements of this Ordinance presents a serious threat to the public health, safety, and welfare, and a citation may be issued for such a violation after the inquiry referenced above. Any individual may contest a citation in county court and the maximum civil penalty shall not exceed $500. 2) The penalty for a violation of this Emergency Ordinance, if uncontested, is: a) For a first offense, a warning. b) For a second offense, a fine of $25.00. c) For a third and each subsequent offense, a fine of $50.00. d) All other remedies available at law or equity, including injunction, but excluding incarceration, remain available to the County, even after issuance of a citation. Section 4. Geographic Applicability. This Ordinance shall apply throughout the unincorporated areas of Indian River County and in County buildings and facilities in the incorporated areas of Indian River County. Section 5. Severability. 239 If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Sunset Date. This Ordinance shall sunset on November 17, 2020. Section 8. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 23rd day of August, 2020, for a public hearing to be held on the 15th day of September, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted. The vote on this ordinance was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the ordinance duly passed and adopted this 15th day of September, 2020. ATTEST: Jeffrey R. Smith, Clerk and Comptroller am Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA al Susan Adams, Chairman This Ordinance was filed by email with the Department of State on the day of September, 2020. 240 Tina Cournover From: forms@ircgov.com Sent: Monday, September 14, 2020 2:01 PM To: Tina Cournoyer Subject: Contact Form - Face Masks CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov,com: Name Joanne Collett Email jclakehouse31@yahoo.com Address 425 32 ave SW Vero Beach 32968 Phone 7722998291 Subject Face Masks Message Please for the benefit of our county please make wearing a mask a mandate ... We need to stay healthy in order to keep our economy going!! More Info: Form Submission Time 9/14/2020 14:01:06 EDT( -0400 GMT) Visitors IP 69.247.229.249 Unique ID 92e6e8c38f38.36ac9a4ec9fd248715cf staff = Public Comment t Po Tina Cournoyer OUNNOWNEWOMENNOW From: forms@ircgov.com Sent: Monday, September 14, 2020 1:52 PM To: Tina Cournoyer Subject: Contact Form - Masks in IRC CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Susan Taylor Email sdtaylor@aol.com Address 2808 10th Ave Vero Beach FL 32960 Phone 703-861-2049 Subject Masks in IRC Message I am writing to you all to request that you approve a mask policy for all public places in IRC. It is vital for our health and safety in this time of the Covid pandemic that we protect each other. I've lived here almost ten years and appreciate all you do for the citizens and visitors. I've been out to Publix, gas station, big box stores, and drive thru restaurants and masks are not always worn. I don't feel safe. Now is the time to make masks mandatory. Please keep us safe with requiring masks. Thank you. More Info: Form Submission Time 9/14/2020 13:51:33 EDT( -0400 GMT) Visitors IP 69.137.160.82 Unique ID 00859a36af4cf446016508699ea922db staff = Public Comment 1 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 1:33 PM To: Tina Cournoyer Subject: Contact Form - Meeting on mask mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Nancy Koontz Email Jkoontz70@bellsouth.net Address 4390 10th St SW Phone 305 986 5373 Subject Meeting on mask mandate Message I strongly request that the commission passes a mandatory mask mandate until the number of new cases and number of deaths are reduced to zero. Since the reopening in phase 1 the number of cases and deaths have spiraled. This is unacceptable. More Info: Form Submission Time 9/14/2020 13:33:03 EDT( -0400 GMT) Visitors IP 76.26.160.243 Unique ID 955a0daac2013791114a652d51f788fe staff = Public Comment 1 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 1:19 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Kathleen Nelson Email Sailhighpockets@gmail.com Address 1311 4th Ave Vero Beach, 171 32960 ................. Phone 7725949900 Subject Mask Mandate Message It is inexcusable that Indian River County has a mask mandate for the county???s offices and property to protect their employees, then not extend it for all the citizens of IRC. During this health crisis, politics should not ever play a roll.... science dictates! However, what we have seen since the beginning of the pandemic are politicians stepping in with their own opinions, not acting on science or even what the majority of their citizens want and need. There are 1000 people dying each day. Over 191,000 since March! This pandemic will never end if we are not proactive. We must have a mask mandate to protect all our citizens. Thank you for your time. More Info: Form Submission Time 9/14/2020 13:18:22 EDT( -0400 GMT) Visitors IP 69.247.238.121 Unique ID 18ab8c7b890666a4aea4bcfa3cd7c2ac staff = Public Comment i Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 1:11 PM To: Tina Cournoyer Subject: Contact Form - masks Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name SCOTT L TREATMAN Email neediedoc@mac.com Address 415 Holly Road Phone 3152476994 Subject masks Message Can you please meet your obligations to the health and welfare or our community? Support a mask mandate and help us turn the corner on this.pandemic. is there any rationale reason not to? If you have an opportunity to reduce morbidity and mortality without a downside, why not do what infectious disease experts recommend? More Info: Form Submission Time 9/14/2020 13:10:32 EDT( -0400 GMT) Visitors IP 69.247.234.143 Unique ID 65bac54fede647b96a602a2e775831ca staff = Public—Comment Tina Cournoyer - From: forms@ircgov.com Sent: Monday, September 14, 20201:08 PM To: Tina Cournoyer Subject: Contact Form - Please keep masks mandatory Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Amy Hrynyk Email Amy.hrynyk@gmail.com Address Vero Beach 32960 Phone 7725593015 Subject Please keep masks mandatory Message Thank you for the mask mandate you passed in the county. Near universal mask wearing has brought our county covid numbers down. Let???s not reverse course now- please vote to continue the mandate. Thank you. More Info: Form Submission Time 9/14/2020 13:08:05 EDT( -0400 GMT) Visitors IP 73,244.79.138 Unique ID 1a26a8dec2f5e57beddba6aae2c2a744 staff = Public Comment I aMO Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 11:59 AM To: Tina Cournoyer Subject: Contact Form - My parents Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Phoebe Hare Email Phoebe4cats@outiook.com Address 5192 Formosa Circle Phone 703-996-6636 Subject My parents Message I'm 12 years old and I just moved here. I'm homeschooled right now and I don't have any friends. I'm not able to go outside safely in public without maybe being exposed to coronavirus. My parents are both high risk, I would be really sad if they died, so we need to wear masks. More info: Form Submission Time 9/14/2020 11:58:33 EDT( -0400 GMT) Visitors IP 69.247.234.213 Unique ID e63d6c88df5de79c44699dfd00940524 staff = Public Comment i Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 11:45 AM To: Tina Cournoyer Subject: Contact Form - I want to see my son Follow tap Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Leigh Hare Email tesshare@yahoo.com Address 5192 Formosa Circle Phone 703-863-6343 Subject I want to see my son Message I'm old enough that I've just been put in a nursing home. I'm 97 this Friday. I can't see my only child now because no one can come in here thanks to this virus. My son says that if everyone was wearing a mask, this virus would go away. Please make everyone wears a mask so I can see my son before I die. More Info: Form Submission Time 9/14/2020 11:44:53 EDT( -0400 GMT) Visitors IP 69.247.234.213 Unique ID 5c4d60b4176caf1b6955831ada351782 staff = Public Comment 1 Tina Cournoyer \t� From: forms@ircgov.com Sent: Monday, September 14, 2020 11:44 AM To: Tina Cournoyer Subject: Contact Form - Support for County Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name John Anderson Email ctgmm@att.net Address S Valencia Cir SW Phone 9144560057 Subject Support for County Mask Mandate Message I support the proposed mask mandate for Indian River County. More Info: Form Submission Time 9/14/2020 11:44:00 EDT( -0400 GMT) Visitors IP 76.26.167.2 Unique ID 5a2904b1cded7a315ed98bbdffe87175 staff = Public Comment 1 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 10:11 AM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Kathy H Brayton Email kathyinvero@hotmai!.com Address 668 Tangelo Cir SW Phone 7578107043 Subject Mask Mandate Message Please reconsider a mask mandate for all residents in Indian River County. Science, has proven the effectiveness of wearing masks to control the spread of Covid-19, showing no ill effects on the wearer. Too many have died since only a partial mandate was approved, and without a county -wide mask mandate, more will die or have lasting effects from this horrific virus. You may think that the majority of deaths are those of the elderly who would succumbed to age or preexisting conditions. Now the much younger "invincible" residents are the major spreaders of the disease. Their futures rely on you to do the right thing. Please stop the fighting and allowing a health issue to be a political statement. It isn't! A mask hurts no one, but can save lives. Please save the lives of the people you represent. Please! More Info: Form Submission Time 9/14/2020 10:10:38 EDT( -0400 GMT) Visitors IP 99.33.31.81 Unique ID 2c4d761e2de0a698ef55f3d9ee30bce9 staff = Public Comment i Tina Cournoyer C S From: forms@ircgov.com Sent: Monday, September 14, 2020 3:20 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate To Help Prevent the spread of COVIDI9 Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Kim Widman Email kookoo4koupons@gmail.com Address kookoo4koupons@gmail.com Phone 7724863231 Subject Mask Mandate To Help Prevent the spread of COVID19 Message Not having a mask mandate in Indian River County shows a lack of care in protecting our residents and businesses. The fact that our county has repeatedly refused one contributes to the public mindset we see in our area - that the virus is "fake", "not that bad", or doesn't warrant behaving cautious behavior as we continue to reopen. I have heard people complain that implementing a mask mandate is being unconstitutional or a violation of rights; it is not. However, our current situation of not having instructions in place that pertain to all, many are left without the necessary support needed for businesses to enforce the protection of their staffs, customers, and families. What about their rights? The workers in this county are required to protect the public, and that. helps, but who will protect them? A mandate is worth a try. More Info: Form Submission Time 9/14/2020 15:19:34 EDT( -0400 GMT) Visitors IP 107.196.66.158 Unique ID 16923f14602d990fbf283bdc318b58af staff = Public Comment i Tina From: forms@ircgov.com Sent: Monday, September 14, 2020 3:27 PM To: Tina Cournoyer Subject: Contact Form - Mask Follow Up Flag: Follow up Flag Status: Flagged fs CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Gretchen Roberts Email GLR32962@aol.com Address 644 Centre Ct SW 101 Phone 7722178885 Subject Mask Message Make masks mandatory in IRC. More Info: Form Submission Time 9114/2020 15:26:29 EDT( -0400 GMT) Visitors IP 65.34.164.186 Unique ID 0d154cf6bcd058ad97d8ac2a68d8592c staff = Public Comment � iz Tina Cournoyer -� � 'S From: forms@ircgov.com Sent: Monday, September 14, 2020 3:49 PM To: Tina Cournoyer Subject: Contact Form - Please Mandate Masks, Now. CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Kathy Davis Email alleycatkate@gmail.com Address 835 Live Oak Ln Vero Beach, FL Phone 772-538-8064 Subject Please Mandate Masks, Now. Message It is time that we enact a County wide mandatory mask ordinance in order to protect everyone???s health. 1 question why a mandatory mask ordinance is in place for all Government buildings, yet not enacted for any other public places? Requiring a mask in public is a proven rational approach to slowing the pandemic and getting our community back to work. It protects us all. More Info: Form Submission Time 9/14/2020 15:48:26 EDT( -0400 GMT) Visitors IP 172.98.76.240 Unique ID f3f9b98a7b5e94da235a394e1824901a staff = Public Comment t Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 3:57 PM To: Tina Cournoyer Subject: Contact Form - Masks CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Colleen VanderSchie Email clschie@yahoo.com Address 1359 Lilys Cay Circle Phone 937-284-2101 Subject Masks Message Masks save lives! Please issue.a mandate for masks. Too many people have already needlessly died. More Info: Form Submission Time 9/14/2020 15:56:55 EDT( -0400 GMT) Visitors IP 104.187.9:139 Unique ID a1fbf5258b06e3225ce2e5fabc114ea2 staff Public Comment 1 o�vD-ly Tina Cournoyer e J From: forms@ircgov.com Sent: Monday, September 14, 2020 3:58 PM To: Tina Cournoyer Subject: Contact Form - Masks in Indian River County CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Elizabeth Carr Email Emcarr55@hotmail.com Address 5552 Spanish River Rd Phone 7722032182 Subject Masks in Indian River County Message I live in northern St Lucie County but I do most of my errands in Vero Beach. I appreciate the variety of services available in the city. I make a point of frequenting businesses where the employees and customers are wearing masks. I think a mask mandate would be beneficial to reaching the goal of mask -wearing by the 100 % of the public. Thank you for your actions in advance. More Info: Form Submission Time 9/14/2020 15:57:59 EDT( -0400 GMT) Visitors IP 23.121.43.188 Unique ID 2992509f243c28ba80c6e05ac2e23290 staff = Public Comment Tina From: forms@ircgov.com Sent: Monday, September 14, 2020 4:08 PM To: Tina Cournoyer Subject: Contact Form - Masks fs CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name christy bell Email Flbells@gmail.com Address 415 38th Ct, Vero Beach Florida Phone 7723216488 Subject Masks Message As we enter fall, history tells us that the current pandemic will likely continue with rising case numbers. Please help us all do our part to keep our economy going and keep our families healthy. To do that, the science tells us that if 95% of people will wear masks in public, we can then limit transmission. It would be nice if people would just make the choice to wear masks on their own. Unfortunately there is conflicting messaging and not all people know what a difference a simple mask can make. Please help us all by creating a county wide mask mandate. The worst case scenario is that people wear masks when it isnt actually necessary. The best case scenario is that we can keep some cases at bay, save lives, help out critical care doctors and nurses, all while keeping our economy strong. More Info: Form Submission Time 9/14/2020 16:08:15 EDT( -0400 GMT) Visitors IP 73.1.67.154 Unique ID 4899d52c11a7d08ee30fedb3063113da staff = Public Comment 1 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 4:17 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Anne Sachs Email AnOskil@aol.com Address 399 W Key lime Sq SW Phone 7727137845 Subject Mask Mandate Message States and countries that have made masks mandatory have had the best results in stopping the spread of Coronavirus. Florida has not been successful because our Governor is not mandating mask wearing when in public places. Our local government is not protecting its citizens when they leave it to individuals to use masks. We require seat belts to drive, hard hats in construction zones, shoes and shirts when entering a restaurant and other businesses, and head covering/hair nets when preparing food for the public. What is the issue? Follow the science for you and your family's sake as well as my family and me. Pres Trump is in denial, I find it hard to believe you are too. Do the right thing and vote to require Masks when in public establishments. We don't need any more unnecessary lives lost. This is not a political concern. This is a public health concern. You don't mandate, then my vote will reflect that next time you are up for election. More info: Form Submission Time 9/14/2020 16:16:53 EDT( -0400 GMT) Visitors IP 73.0.81.183 Unique ID 4d20led596lal278ecc226b3cOc22298 staff = Public Comment 1 a0®-11� Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 4:17 PM To: Tina Cournoyer Subject: Contact Form - Mask mandate CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Angela Love, Nurse Practitioner Email midwifelove@gmail.com Address 1255 40TH AVE, Vero Beach, FL 32960 Phone 7725385139 Subject Mask mandate Message As a nurse practitioner for 16 years now, it has been my responsibility to keep my patients safe. One of the most important ways to do that is by mandating masks for everyone. The research has shown that masks reduce viral load and help prevent more serious illness. 1 have seen so many get sick and even die from this. Why should 1 more have to suffer? We are smarter than this virus. Everyone needs to wear a mask. Let's shut down this virus -give it no more hosts. How do cloth face coverings prevent the spread of COVID-19? It's first important to understand the concept of source control. We've learned that as many as 40% of people infected with the virus that causes COVID-19 may have no symptoms. But when they talk, cough or sneeze, they can still spread the virus to others in the form of respiratory droplets expelled into the air. Those droplets evaporate into fine particles that may linger. The mask traps these larger droplets before they can evaporate. So, wearing a mask regularly can prevent spreading at the source even when we don't know we are sick. Some people argue that cloth masks can't be effective because they can't filter out viral particles, which are extremely tiny. But, most of these particles leave the mouth and nose in much larger droplets that become smaller through evaporation as they move away from the body. Trapping droplets with the mask means not nearly as many viral particles escape. If two people are wearing masks, the viral particles can travel about 5 feet away from each individual. When an infected person is not wearing a mask, those particles can float through the air 30 feet or more and stay alive for up to 30 hours. More Info: Form Submission Time 9/14/2020 16:16:37 EDT( -0400 GMT) Visitors IP 99.110.202.145 Unique ID 6acf347e8d2a4248afa63425cb77b020 staff = Public Comment s Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 8:05 AM To: Tina Cournoyer Subject: Contact Form - face coverings ordinance Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Patricia Walsh Walsh Email PatriciaWalsh13@aol.com Address 1520 Eagles Circle Phone 7725812388 Subject face coverings ordinance Message To: Indian River County Commission members, Vero Beach, FL Sept. 15, 2020 Dear Ms. Adams, Mr. Flescher, Mr. Zorc, Mr. O'Bryan and Mr. Solari: Please use your authority to advocate for, enact, and facilitate the most responsive county mandates, rules, or ordinances to protect the health, safety and well-being of the public in line with SARS-CoV-2 pandemic recommendations by NIAID's Or. Anthony Fauci and the U.S. Center for Disease Control and Prevention. Research indicates people generally do a better job of adhering to safety measures when the government mandates those measures. By ensuring everyone does their part, you'll surely help prevent unnecessary COVID-19 illnesses and deaths here. We urge you to approve a countywide mask mandate for all in all public spaces. We think a mask requirement logically must include everyone. Retail, service and other business employees should wear masks to help shield colleagues and patrons from infection but patrons also should wear masks to help protect those workers. A mask requirement should apply to people in any public place, not simply those coming in contact with county employees. We realize there will be exemptions for individuals with some medical conditions or disabilities and young children. We ask you to include a fine or penalty severe enough to dissuade willful violators from continuing .to place others at risk. We also urge you to consider mandates/ordinances regarding social distancing requirements in public spaces and crowd size limitations for all gatherings. Thank you for your zealous efforts on behalf of your constituents and others. Patricia Walsh and Phyllis D. Walsh More Info: Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 7:25 AM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Lisa Giessert Email Ibgiessert@aol.com Address 1090 Dalbelio Way Phone 772.569.8878 Subject Mask Mandate Message PLEASE enact a countywide mask mandate. I am a cancer survivor still undergoing maintenance Infusion treatments, haven???t been able to do much (except dr appts) outside of my home for 6 months. If you require at county buildings why not everywhere. Thank you. More Info: Form Submission Time 9/15/2020 07:24:58 EDT( -0400 GMT) Visitors IP 104.187.8.253 Unique ID a48de8b7aa3e9df99661fd56e0a9a046 staff = Public Comment 1 6N 0-020 Tina Courno er From: forms@ircgov.com Sent: Tuesday, September 15, 2020 6:31 AM To: Tina Cournoyer Subject: Contact Form - Mask Mandate needed for ALL of IRC Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening'attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Marcia Weinstein Email Marcia@marciaweinstein.com Address 5045 Sapphire Lane SW, VB 32968 Phone 772-91.3-0158 _.... . Subject Mask Mandate needed for ALL of IRC Message Dear Commissioners, it is no longer acceptable for you to vote down nor delay a Mask Mandate for Indian River County. This is not a political issue. All residents should be required to wear masks inside business or be fined for doing so. The science is clear and I don???t understand your hesitation. It is time for you to demonstrate that you care for the health and well-being of our most vulnerable citizens, by caring for ALL of our citizens. Thank you. More Info: Form Submission Time 9/15/202006:30:45 EDT( -0400 GMT) Visitors IP 76.26.163.6 Unique ID c62a29335753f2fe2349e5427890dd10 staff = Public Comment Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 12:33 AM To: Tina Cournoyer Subject: Contact Form - Mask mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Valeri .Cooke Email valcooke@msn.com Address Vaicooke@msn.com Phone (708) 268-5141 Subject Mask mandate Message Please protect us vulnerable citizens and issue a mask mandate. It's so simple and it saves lives. I have a next door neighbor who has lost 3 family members to this disease. My husband and I both are high risk. All we want to be able to do is buy groceries in safety but we walk in the stores and half the people aren't masked. Clearly the citizens cannot be trusted to care for their fellow man! More Info: Form Submission Time 9/15/2020 00:32:56 EDT( -0400 GMT) Visitors IP 73.85.83.11 Unique ID 118df654ff2fa65aaefda175ce3f0126 staff = Public Comment Tina Cournoyer l From: forms@ircgov.com Sent: Monday, September 14, 2020 11:59 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Julia Parr Email parrpub@gmall.com Address 4743 61st Cir, Vero Beach Phone 772-562-0045 Subject Mask Mandate Message Please count our family among the many residents of IRC who believe masks save lives. Send the right message to residents that we are all our neighbors keepers and need to respect human life by wearing masks whenever we are around others. Many people have health conditions that make them vulnerable to severe illness. We all have a moral obligation to save lives More Info: Form Submission Time 9114/2020 23:58:53 EDT( -0400 GMT) Visitors IP 73.84.57.79 Unique ID 227a16edafd43f2196f71c24b3f4f86a staff = Public Comment A0 a3 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 8:29 PM To: Tina Cournoyer Subject: Contact Form - Will you act on what you know? Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source: Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Tess Whelan Email tess@pobox:com Address 5192 Formosa Circle Phone 703-996-6636 Subject Will you act on what you know? Message Common sense needs to prevail here: I've read the supporting document for this agenda item. All the Commissioners know what we're dealing with regarding Covid-19. The only question that remains is whether you will act on your knowledge and enact a real mask mandate. I urge you to do so. Let the community be free to leave their homes by making it safer for them to be around others. More Info: Form Submission Time 9/14/2020 20:29:02 EDT( -0400 GMT) Visitors IP 69.247.234.213 Unique ID 7da3ef20ff3748cb18009e8dde387b1f staff = Public Comment Tina Cournover C 5 From: forms@ircgov.com Sent: Monday, September 14, 2020 7:15 PM To: Tina Cournoyer Subject: Contact Form - Mask mandate CAUTION: This message is from an externa! source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Gregg Page Email page_gregg@yahoo.com Address 1156 36th Avenue Vero Beach FL 32960 Phone (415) 637-8083 Subject Mask mandate Message Dear Commissioners! Please do the right thing and vote a mandatory mask mandate into action. There are far more people in this county who believe in science and the cdc???s recommendation that the wearing of masks are the best way to prevent the spread of the virus. Thank you in advance for doing the right thing! Gregg Page More Info: Form Submission Time 9/14/2020 19:15:00 EDT( -0400 GMT) Visitors IP 73.85.30.57 Unique 10 47007l8Oe84e2ld5be62eO841452Oc28 staff = Public Comment 1 r Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 2:42 PM To: Tina Cournoyer Subject: Contact Form - Masks Fallow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an.external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Lucinda Zelaya Email lucindazelayag@hotmail.com Address 2235 50th Ave Vero beach fl Phone 7729185038 Subject Masks Message I rather wear a "face diaper" instead of Depends which is what you will need is the virus gets into your digestive track as in diarrhea. In Other countries that have more control over this various, wear masks. I rather be a live sheep and not a dead dunkey, More Info: Form Submission Time 9/14/2020 14:41:36 EDT( -0400 GMT) Visitors IP 69.137.161.115 Unique ID bb8c8465b560fOf32d99e8a9517a27fc staff = Public Comment a�o.� Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 2:33 PM To: Tina Cournoyer Subject: Contact Form - Mask mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Deborah moreau ........... Email demswife.40@comcast.net Address 1618 Quaker Lane Phone 3153361342 Subject Mask mandate Message Good morning , I am glad you are looking at the mask situation, it is necessary to mandate masks for the whole county so all residents feel good about going places, it is the right thing to do to help us get through this ! More Info: Form Submission Time 9/14/2020 14:32:32 EDT( -0400 GMT) Visitors IP 67.191.117.28 Unique ID b25c705b9e8d40dfef26085c94ae0fOc staff = Public Comment Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 2:33 PM To: Tina Cournoyer Subject: Contact Form - Mandatory Mask Mandate Follow Up Flag: Fallow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Doris Butler Email Youcansparkle2@gmail.com Address 2045 80th Ave., VB 32966 Phone 717-437-5866 Subject Mandatory Mask Mandate Message I am.imploring all of you to please vote to pass a mandatory mask mandate. I believe in personal choice, but .in this case, a person's decision to not wear mask in public, puts the public at -large in danger of contracting the Covid-19 virus. Wearing masks, consistently, is the best way to prevent the transmission of the virus right now and the majority of our citizens are in favor of it. Please do the right thing to protect our community and pass the Mandatory Mask Mandate today! More Info: Form Submission Time 9/14/2020 14:32:39 EDT( -0400 GMT) Visitors IP 69.137.163.159 Unique ID e62b70bfOc34c58d37250642fec52305 staff = Public Comment Tin Cournoyer Tina Co Hoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 2:51 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAU710N: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Marcie Bensman Email mbensman@verizon.net Address 1687 Victoria.Circle Vero Beach, FL 32967 Phone 772-217-3761 Subject Mask Mandate Message Please support the health and safety of residents in Indian River County by adopting a mask mandate for all. Though cases have lowered in the last month, we must remain vigilant to ensure they stay down and get lower. i have kept detailed data to track and am happy to share. We need consistent requirements for mask wearing In public and indoor spaces for the entire county. Thank you! More Info: Form Submission Time 9/14/2020 14:50:35 EDT( -0400 GMT) Visitors IP 66.177.246.208 Unique ID 09d16f5cbc9fc49b685e1b72bfdc2b78 staff = Public Comment l.J Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 5:24 AM To: Tina Cournoyer Subject: Contact Form- Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged. CAUTION: This message is from. an external source. Please use caution when "opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name. Mandy Hooker Email mandyhooker@comcast_net Address 5575 41st St, Vero Beach Phone 772-633-0851 Subject Mask Mandate Message NO mandatory masks for Indian. River County. More Info: Form Submission Time 9/15/2020 05:23:43 EDT( -0400 GMT) VisitorS.I P '107.77.216.231 Unique ID 10e37403fOd974b8a7d53e77272df481 staff = Public Comment 1 V Tina Cournoyer From: forms@ircgov.com Sent:. Tuesday, September 15, 2020 1:58 AM To: Tina. Cournoyer Subject: Contact Form - mandatory masks Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on iregov.com: Name Michelle Hazellief Email michellewojan@gmail.com Address . ..._................. ...... ..... ....... 2455 28th Ave sw Phone (772) 800-8980 Subject mandatory masks Message Please reconsider making masks mandatory in Indian River County. We don't need masks to keep us safe. I myself cannot wear one because of my Adhd and ptsd. My children cannot wear masks because one of them suffers from ptsd and the other from anxiety. It is not necessary. According to the science, covid cases are down. It doesn't make sense to make. masks mandatory if cases are down, Please do not make masks mandatory. Thank you. _......._ ................._.. ... ............ More Info: Form Submission Time 9/15/2020 01:57:42 EDT( -0400 GMT) Visitors IP 73.85.84.89 Unique ID 52012c19bc47af8cbe7c1d951153a23b staff = Public Comment Mo:v Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 1:27 AM To: Tina Cournoyer Subject: Contact Form - Vote NO on mandatory masking Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Ms. Chris Allen Email MsChrisBenites@icloud.com Address 845 S VERONA TRACE DR Phone 4076374030 Subject Vote NO on mandatory masking Message All the covid-19 numbers are down. The daily positivity rate is down. School age children are back in school and cases are still low. All this WITHOUT a mandatory mask mandate. I'm fact, school children wear masks, yet covid still spreads. What's the magic number for you to give businesses back their freedoms? I can't volunteer to be a poll worker due to mandatory masking in county buildings. I request you vote NO on continuing the masking order and reopen Indian River County. We've suffered enough due to your unconstitutional order More Info: Form Submission Time 9/15/2020 01:26:55 EDT( -0400 GMT) Visitors IP 45.61.51.216 Unique ID f2f723c91936a8d6f30b980945cOe55f staff = Public Comment Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 10:40 PM To: Tina Cournoyer Subject: Contact Form - No to Masks!! CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Julie McFarlane Email musigaljm@bellsouth.net Address 936 19th Place SW, Vero Beach, FL 32962 Phone 7725630305 Subject No to Masks!! Message I vote "NO" to mandatory masking in Indian River County. The numbers are all showing a HUGE decline in cases. Let's reach herd immunity (if we have not already), and be DONE with this, PLEASE! (Unless, of course, this is no longer about the virus, and rather a means of twisted power and psychological/socialist control!... Then I would say, let's REALLY be DONE WITH THIS—for our freedom's sake and our children's mental state and futures! Thank you for your consideration. Have a blessed day. More Info: Form Submission Time 9/14/2020 22:39:37 EDT( -0400 GMT) Visitors IP 104.14.125.82 Unique ID 6ba7933ced7ad39b18d9eb9aedbdeb45 staff = Public Comment Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 10:12 PM To: Tina Cournoyer Subject: Contact Form - re: mask mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Kevin Lee Email eogprod@gmail.com Address 1625 2nd St Vero Beach, FL 32962 Phone 7725845520 Subject re: mask mandate Message Take our kids out of masks now! Shame on you for following a narrative without first gathering data as to it's effectiveness! I already have one kid out of your school, you want me to take another one out and keep the two below them out and keep my state funding? You are assaulting our children. We will not stand for it. These mandates are illegal and unconstitutional. You are violating the constitution and trampling on our children's rights. You are making decisions based on fear and not logic. You are allowing someone in your commission to be influenced by an agenda that specifically seeks to groom our children to be slaves. You know the numbers regarding death rates and transmission rates. You know that masks are not designed to reduce viral transmission and the manufacturers have even stated that on the product. SO why are you mandating masks when they do not work for your alleged intended purpose? Don't be fooled. We already know the reason. Don't put us in a position of having to expose exactly who is pushing for this illegal and immoral mandate. NO MASK MANDATES NOW OR EVER! More Info: Form Submission Time 9/14/2020 22:12:17 EDT( -0400 GMT) Visitors IP 205.185.222.46 Unique ID cbc788a011fba70c3e04032d3d109574 staff = Public Comment Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14; 2020 10:03 PM To: Tina Cournoyer Subject: Contact Form - NO Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Loural Flynt Email Lollyflynt@gmail.com _.. .................................... ... Address ............... 1235A1 st Ave Phone 7726331456 Subject NO Mask Mandate Message I vote not to Mask mandate in Indian River County. More Info: Form Submission Time 9/14/2020 22:02:58 EDT( -0400 GMT) Visitors IP 108.249.73.238 Unique ID 5ec3bc9bc742f9428cf7a4eOf4a8b94f staff = Public Comment Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 8:55 PM To: Tina Cournoyer Subject: Contact Form - No to mandatory masking Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. - The following was sent from the contact form on ircgov.com: Name Cara Pettit Email carapettit@bellsouth.net Address 4720 Bella.Rae. Lane SW Vero Beach fFL 32968 Phone 772-342-6099 Subject No to mandatory masking Message I vote NO on mandatory mask mandate! More Info: Form Submission Time 9/14/2020.20:54:27 EDT( -0400 GMT) Visitors IP 108.218.130.82 Unique ID 53a936e6bc98le104b2e8cbae4afa72b staff= Public Comment 1 X 1/0 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 8:26 PM To: Tina Cournoyer Subject: Contact Form - Mandatory mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Winncy Schlitt Email Schlitty@hotmail.com Address 866 41st Ct. Vero Beach, FL 32960 Phone 772-360-6829 Subject Mandatory mask Mandate Message My vote is "NO" for the mandatory mask mandate in Indian River County. Please put an end to this! Sincerely, Winncy Schlitt More Info: Form Submission Time 9/14/2020 20:26:16 EDT( -0400 GMT) Visitors IP 99.14.185.23 Unique !D 4e4abeba4e028d1 af8c2f7de2ebfe6dc staff = Public Comment i Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 8:23 PM To: Tina Cournoyer Subject: Contact Form - mask Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message Is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Ashley Virtus Email ashleythymel4@gmail.com Address 1625 2nd St. vero beach FL Phone (772) 501-0187 Subject mask Message I would like to ask that you please vote no on the mask mandate. Our numbers have been on a downward trend. It should be optional those who feel like they want to can, but don't make those of us who can't try to wear them. The last thing we need is for this county to become more divided, and for those who feel like they are better than others because they wear the mask when I can't. Please vote NO on the mandate and keep it voluntary. Thank you, Ashley Virtus More Info: Form Submission Time 9/14/2020 20:23:04 EDT( -0400 GMT) Visitors IP 73.245.75.220 Unique ID 33b617eb37c5cf2d41f6bOa902e04aec staff = Public Comment F t Tina Cournoyer From:, forms@ircgov.com Sent: Monday, September 14, 2020 8:13 PM To: Tina Cournoyer Subject: Contact Form - No to masking CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Sally Kline RN Email Jencaramma@aol.com Address Sebastian, FL Phone 7727662765 Subject No to masking Message I'm a ICU RN and masks do not work for viruses. Have any of you worn masks ever for a virus? No you haven't. I haven't. No healthcare workers wear for viruses. Six months and I cannot believe we are still fighting this. Open everything up. Stop the division of the maskers vs non maskers and just let people decide for themselves! More Info: Form Submission Time 9/14/2020 20:12:45 EDT( -0400 GMT) Visitors IP 73.205.125.210 Unique ID c461515fab528e99d4d11 b9fd5443e1f staff= Public Comment 1 a�a�9 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 8:13 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate CAUTION: This.message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from. the contact farm on ircgov.com: Name Paula Holmes Email Paula.amber@live.com Address Paula.amber@live.com Phone (772) 812-4624 Subject Mask Mandate Message No mask mandate for Indian River County! More Info: Form Submission Time 9/14/2020 20:12:33 EDT( -0400 GMT) Visitors IP 73.84.243.57 Unique ID 8fd23c297209b3733c059abad97f76e7 staff = Public Comment Tina Cou n N 0 rover From: forms@ircgov.com Sent: Monday, September 14, 2020 8:10 PM To: Tina Cournoyer Subject: Contact Form - No to a mask mandate CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Pam Tinney Email Pctinney4949@gmail.com Address Pctinney4949@gmaii.com Phone 772-539-2137 Subject No to a mask mandate Message As a citizen and lifelong resident of IRC i do not support a mask mandate of any kind nor do i support any candidates that pass one! More Info: Form Submission Time 911412020 20:09:31 EDT( -0400 GMT) Visitors IP 73.245.142.168 Unique ID ed1212abee22be916349f870f03161ff staff = Public Comment Tina Cournover From: forms@ircgov.com Sent: Monday, September 14, 2020 8:01 PM To: Tina Cournoyer Subject: Contact Form - I vote NO to mandatory masks CAUTION. This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Dr Thomas Sloane Email Jencaramma@aol.com Address IR County Phone 7727662765 Subject 1 vote NO to mandatory masks Message 1 vote no to mandatory masks. They do not work for virus protection. I do not wear masks nor my family and 1???m a physician. The studies are out there. Stop this madness for a virus. Read the constitution for gods sakes. More Info: Form Submission Time 9/14/2020 20:00:41 EDT( -0400 GMT) Visitors IP 73.205.125.210 Unique ID f13995aeld1a83fafa40bc8b1b3bcd1c staff = Public Comment Tina Cournoyer __ �J From: Ruth Kuvlesky <ruthkuvlesky@gmail.com> Sent: Monday, September 14, 2020 11:18 AM Subject: VOTE NO ON altering MASK Ordinance Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Please vote NO on altering the mask ordinance and RESCIND the ordinance altogether, and don't make any further mask orders or mandates. This following is what businesses are going through because of your orders and ordinances— this is an eye witness account - we have received MANY, MANY of these reports and have asked businesses to refuse to bow to fear of this militant group and come forward to speak to you all: "I'm the owner/operator of the Vero Beach (removed company name as this was sent in confidence.) I'm also one small business being libeled by the Mask Group. We have a sign out front and ask people to wear a mask. I'm seeing people on the Mask Group site fabricating employee statements, and making non educated comments to get a rise out of others. They are now driving people away from my business. They state when they have the County backing to come in and harass our employees ans customers when they do this. Our employees wear masks and almost ALL the shoppers do. Social Media is one thing, word of mouth is another. They are like the military and they are ruining us. Why are our leaders pushing this hatred of citizen against citizen? When will this drop? Our business has been shut down, limited and now is being forced to go through this. Can the leaders stop with all these meetings to force citizens to choose? It's ruining our community and our business! " (End of this message) Our group - Indian River Freedom Coalition has only 700+ members but they ALL must agree they live in Indian River County to join. We try to police the page. We are voters who vote and care deeply about our County, have children and grandchildren who live and go to school here. It's one thing to have opposing views from our County. It's another to have groups who have members - the majority from all over the country - who have no vested interest - that's why not many show up to speak BTW - this is what we found on their group page. Many of us have friends all around the country that we could invite ans have join our page and who would write emails on our behalf. We don't allow that. We were sent this today — the pro mask group -1600 members but MOST don't live in Indian River - many from California and other states - who are posting these on all types of our of FB pages to send you all emails for tomorrow. Note them saying don't list your address because they aren't even from our state. Our group has never DOX anyone from their group. This is all a lie to cover. This is why we see Antifa type people on their page (see far below) - you can search their members page and find her. Yes she lives in California and this is the type of person from another state influencing your decisions. 0 • W CL m �. N W n 0 0 r 0 O mn U) sv cn — � N O 44h CO) � O IV 0 CA O r ;-A N 0 --4 mn (7) • 0 0 v MA 0 m 0 O rMIL V co W I CD O N V O 0 Lmi NU Y� aU�Z 0 0 # TESTED r r N N w w A A O O b 4 A p O O O 'If f0 of (i il� 15 � w ur 471 k4y 4Q W _ }Q � a OA W N ;1 wf N ;L A ski N y r 1 � a a 9 +S t W r V � N r rr � d A 0 W gr d 'Q mQ Zpu� zm mMz �m� Q W C z N -C ( W M V) OMm m m A N � N 0 m +�. m A t -A o\°\° 41 -Ir z O 1 D 0 a D 7 1 m mm T m UJ -v V Q N 0 m M m 00 M n .NJ m o 7c 13 4 CASES ,/�o - �// A t -a N N W W -p .p to O Vl O Ul O cn O to O O O O O O O O O O fD N Q1 �-r C N Q i t!� CD Ln O I I MZ low • W Ul 0 1 a I-, uq O Lq O Y\ � mr MZ low • W Ul 0 1 a I-, uq O Lq O 0 tn N NUMBER OF CASES N .. Cil 00 O N is Q) 00 O ® © 0 o o © 0 O z Q A m n d c m z tin -C m 0 O m m m W N 0 z C � 0 Z m -n 0 0, M r v M m m t -rt m to G) 0 C -d I �'� to rn t }fD " ;.- y Y K s 15 In- Hill �` .�? sem£ .�; ! n.,x � ..+•ui A �. x Y'� WMIA ,q�- 4) CL pop P+ d i Ddu w No MR CL tu U2 =r it '0 rrri U2 ,q�- 4) CL pop P+ d i Ddu tv KFltKqrf ff fj7 fllf�' mr Pff- Fla, W", Kf Mir Fwr Inv "mom mom 0 mom* ow4p, =r AWA w Iko no aw,m* Ri Kf Mir Fwr pwr P;--" Far iv W W2 Flo, KV Pil IWO, P13, a rr C ff, K Kv Pfriff ilff F a," Ker P.-T�: Rif FCV, PT ll-, Fff Iff Wr Kl" WT —jVw p pf wr,": Fv W:, it, mf:s Inv "mom mom 0 mom* ow4p, =r AWA w Iko no aw,m* Ri 4 IIAa 7/ C/ i i r, �- • •. •. .. s: � � � � �, �: �; � � ��. ,. ... �r� � ���� • ;� �� '��� �, ����� ������ ������� ' ������ ���,� • ���� �� ;�� �� :� ,� a H d f+ m a Ul °, p IML F n O A Ul a H d f+ m a p � n O A o u N a ©-.5 7 so im V A O �D %./ Z Cr m MT h C. m r+ ul 'v m 07 1-+ O O O O O Z O m .a m 3 Cr m Mi N rt n O N v 1 IML %D m O e+ C m V II V II V7 II N � N V C o 0 0 0 0 o o 0 o c 0 O o0 �o58 ISD. A .I INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 08/23/2020 Subscribed and sworn to before on August 23, 2020: Notary, State of WI, County of Brown TARA MONDL_OCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $114.57 Ad No: 0004332608 Customer No: 1310775 PO #: 4332608 # of Affidavits NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a.proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVID- ING FOR ADOPTION OF RECI- TALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND EN- FORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, September 15, 2020 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected .by the public, by appointment, during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) by calling the Office of the Clerk to the Board of County Commissioners at 772- 226-1916; or alternatively, the proposed ordinance may be inspected at www.ircgov.com. Anyone who may wish to ap- peal any decision which may be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub: August 23, 2020 TCN4332608 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: August 26, 2020 RE: Public Notice of Public Hearing Scheduled for September 22, 2020 to Consider the Adoption of an Ordinance to Amend Chapter 102 of the Code of Indian River County The Board of County Commissioners will hold a Public Hearing on Tuesday, September 22, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 102.01 (BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES) AND SECTION 102.04 (ORDER OF BUSINESS) OF CHAPTER 102 (BOARD OF COUNTY COMMISSIONERS; MEETINGS AND PROCEDURES) OF THE CODE OF INDIAN RIVER COUNTY, TO UPDATE THE PROCESSES FOR BOARD OF COUNTY COMMISSIONERS MEETINGS; AND PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 180127th Street, Vero Beach, Florida 32960. /nhm 241 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: September 4, 2020 SUBJECT: Notice of Scheduled Public Hearing for September 22, 2020 Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 15, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: September 22, 2020: Providence Pointe Vero Beach LLC's Request to Extend the Zoning Reverter Deadline for Providence Pointe PDTND [PD -13-04-01 & AA -20-05-64 / 2004110179-86579] (Legislative) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 242 J6(!-3 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: September 9, 2020 RE: Public Notice — Public Hearing Please be advised that the following public hearing has been scheduled for the September 22, 2020, meeting of the Board of County Commissioners: PUBLIC NOTICE In accordance with Section 5A(a)(1)(A) and (B) of the 1937 Housing Act, the Indian River County Board of County Commissioners Rental Assistance Department - Housing Choice Voucher (Section 8) Program has drafted their Five Year and Annual Year Plan FY 2021 — 2025, their HCV Administrative Policy and the Enterprise Income Verification Policy. The purpose of the Five Year/Annual Plan, Administrative Policy and Enterprise Income Verification Policy, is to give the public an opportunity to provide their comments regarding the proposed activities regarding the Indian River County Board of County Commissioners Housing Choice Voucher -Section 8 Program's mission for serving the needs of extremely and very low-income families in Indian River County and the strategy for addressing those needs. The effective date of the Plan and Policies will be October 1, 2020. Copies of the Indian River County Five Year and Annual Plan, Housing Choice Voucher Administrative Plan and Enterprise Income Verification (EIV) policy may be reviewed at the Indian River County Annex Building, 1028 20th Place, Suite C, Vero Beach, Florida 32960; viewing hours are Tuesday, Wednesday and Thursday, 8:00 a.m. until 4:00 p.m. Please send written comments during the comment period to: IRC Rental Assistance Department, 1028 20th Place, Suite C, Vero Beach, Florida 32960, Attention: Robin Miller. A public hearing will be held on Tuesday, September 22, 2020, 9:00 a.m., or shortly after that time, in the County Commission Chambers located on the first floor of Building A of the Indian River County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. Please contact me with any questions. 243 ISA MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: September 9, 2020 SUBJECT: Resolution of Necessity for a Temporary Construction Easement Located at 660065 th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani INTRODUCTION: The following information is submitted for consideration by the Board of County Commissioners (Board) in approving the Resolution of Necessity for property acquisition associated with the construction of 66th Avenue north of 57th Street (hereinafter referred to as "Project"), in Indian River County. The limits of the Project are from the intersection of SR 60 to Barber Street in Sebastian. PROJECT PURPOSE AND CHRONOLOGY: The project consists of expanding 66th Avenue from a 2 -lane road to a 4 -lane road with turn lanes, improved drainage, replacement of bridges over the canal, 8' sidewalks and signalization. The project also includes roadway signing and pavement marking items. Right-of-way is needed on the side streets to accommodate increased bridge elevations and turn lanes for the three lane bridges over the canal. Harish and Deepti Sadhwani own a 19.54 acre parcel of property located at 6600 65th Street. This property is on the northwest corner of 66th Avenue and 65th Street. This site is rectangular in shape with 1,309 feet of frontage along 66th Avenue and is 652 feet deep. The property is located outside the urban service boundary and is zoned A-1, Agricultural. The parcel contains no structures, only 3 or 4 -strand barbed wire fencing that will be affected by the take. In order to accommodate the planned improvements to 65th Street and 66th Avenue, the County needs to acquire a 2.58 acre parcel of property to be used for a stormwater retention pond and a 156'X 1,309' strip (5.28 acres) of property to be used as right-of-way from the Sadhwanis. The total take is approximately 7.86 acres. The Board approved a Resolution of Necessity for those two parcels, collectively, Parcel 105, on July 14, 2020. The required "Notice to Owner" information has an Unconditional Offer and have been sent to the Owners. A review of the construction plans revealed that only a 15 -foot temporary construction easement (TCE) was needed rather than the 25 -foot TCE shown on the sketch and legal description for Parcel 105. Florida Statutes allow a condemning authority to take only the property needed and no more. State law also requires each parcel taken to have its own Resolution of Necessity and Uncond�ggal Offer, so staff now presents the Board with a Resolution of Necessity for the Temporary Construction Easement. A recent appraisal established the value of the TCE at $500.00. A Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, cost, alternative routes, long-range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of March 17, 2009 and approved the Corridor Study for 66th Avenue and proposed 66th Avenue alignment in front of the Sadhwani property. A copy of the Corridor Study is available for review at the County Commission Office or the Office of the Clerk to the Board. The Sadhwanis are represented by the law firm of David Holloway, P.A. Upon approval of this Resolution of Necessity, the County will file a lawsuit in eminent domain and file a motion for an Order of Take. If the Court approves the motion, the County will deposit its appraised value into the Court Registry and take title to the right-of-way, and the Sadhwanis may access the deposit in the Court Registry, less any taxes, liens or mortgages owed on the property. The parties will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to the Sadhwanis. Acquisition of this parcel is important as it provides needed right-of-way for the expansion of 65th Street at the intersection of 66th Avenue. The attached Resolution of Necessity provides for the following: • The Board finds it necessary to acquire the property using eminent domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property • Authorizes County employees and its agents -to take action necessary to prosecute the lawsuit to final judgment FUNDING: Funding in the amount of $500.00 is budgeted and available from Optional Sales Tax/ROW/66th Ave, 49th Street- 69th Street, Account # 31521441-066120-07806. RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary acquisition of the Temporary Construction Easement for Parcel 105 through the County's power of eminent domain. Attachments: Proposed resolution Parcel sketch and legal description of TCE to be taken 245 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE A CERTAIN TEMPORARY CONSTRUCTION EASEMENT INTEREST IN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66TH AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County roadway network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in Indian River County by widening and reconstructing 66th Avenue; and WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66th Avenue as a major north/south arterial roadway; and WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire a temporary construction easement interest in the real property identified as Parcel 105 TCE and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66th Avenue; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. 246 SECTION 2. Indian River County finds it necessary and in the public interest to acquire a temporary construction easement interest in the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66th Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such eminent domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statutes Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6. This resolution shall take effect immediately upon its adoption. This resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 15th day of September, 2020. 247 Attest: Jeffrey Smith, Clerk of the INDIAN RIVER COUNTY, FLORIDA Court and Comptroller By its Board of County Commissioners LM Deputy Clerk Approved as to form and legal Sufficiency: William K. DeBraal Deputy County Attorney By Susan Adams, Chairman BCC Approved: T14 A RCEL to I N m 0 F m _ _ _ W N W NORTH LINE TRACT 8 156.01 w w S89'24'S0'E 30' I cwt �) :3o N wo I 50' ag 101 w z 1 20' — 3 Q' N O Q N U C I Z O W Q NI m Q I N 0 Qf PARCEL 105 1 w 1�2 1 _O 229,791 SO FT Q � J. W %/ E INDIAN RIVER FARMS CO. 5.26 ACRES I N m PLAT BOOK 2. PAGE 25 0 S 100' (ST, LUCIE) 50' 50'— GRAPH TRACT 8 h 1 N I HARISH SADHWANI 32390700001008000002.0 ORB 1818, PG 1661 3 ' I rc�mQ� W m �zLL«vii n m to w a N ~O U r g INm O. j ( 1 QF O Iw¢ Z I Z 100 nlQ E W w 15' TEMPORARY EAST LINE N ZIcc CONSTRUCTION TRACT 8 L Na EASEMENT (TCE) 66TH AVE-)"' VE00i (p 1 NO'00'25'E S89'f0'25'E BASELINE I 1 I 15.00' i 470.55 m 1 N = t N8910'25'W S45'25'DO'W P.O.B. 455.55' 21.06' S -A R/W RESERVATION UNE 30' N89'10'25'W $ ° 701.57' -65th. STREET souTH LINE TRACT 6tt, - — N89'10'25"W A 12 CANAL Y4 SECTION LINE 's 30' P.O.C. t EAST i Y4 CORNER SECTION 7 LEGEND ma cM., that a leg-/ da—pb— and s 0e of the paparty shorn 5 SECTION LINE hem,., .us made -nde my pw, an and that this lege/ deacrtptim EASEMENT LINE -nd sketch mesa the st-nd-rds of pivctic- sat forth by the F7mida PROPERTY LINE - Board .t vr- Cad -a . mos ane kryop-rs M cn_gg1 tz f;ea Adminrstr-tiro Code. p -r a to Section 472. "K 8PB ld d ' PROPOSED RIGHT OF WAY that ohm mono g rs a w cad . S- bjte a ape S PARCEL b -sr or my knoereege and berms seb;ece_y n n q, ftpa ,t�n — — RIGHT OF WAY LINE hem• 2 RIGHT OF WAY (LG ORB _ r i ORB OFFICIAL RECORDS BOOK FDOT FLORIDA DEPARTMENT OF EC 0EM£7ER. P.S.M. N0: -5f79 I -p STATE OF N` TRANSPORTATION /Y�f % o FLORIDA ae SECT. SECTION VA Not rt:valid Wth-af the slgnotaro and sed o/g' i ed, w and Mapper. °ATE ,l0 LEGAL DESCRIPTION AND SKETCH OF ocn ,Vmley»>Horn 8-24-20 an ©.s.EwR.vousm.aswc PARCEL 105TCE 1 OF2 m Ego�� maccrNa INDIAN RIVER COUNTY, FLORIDA �orE'A�m ur-xawrnl 047035041 249 LEGAL DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT (TCE) ALL THAT CERTAIN PIECE. PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE '39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; - COMMENCING FOR REFERENCE AT THE EAST 1/4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 89'10'25" WEST, ALONG THE SOUTH LINE OF SAID TRACT 8, A DISTANCE OF 701.57 FEET TO A POINT ON THE WEST UNE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, LEAVING SAID SOUTH UNE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST LINE OF THE EAST 20 ACRES OF TRACT 8, A DISTANCE OF 80.01 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG SAID WEST LINE, BEARING NORTH 00'00'25" EAST, A DISTANCE OF 15.00 FEET TO A POINT: THENCE LEAVING SAID WEST LINE, BEARING. SOUTH 89'10'25" EAST, A DISTANCE OF 470.55 FEET TO A POINT; THENCE, BEARING SOUTH 45'2500" WEST, A DISTANCE OF 21.06 FEET TO A POINT; THENCE, BEARING NORTH 8910'25" WEST, A DISTANCE OF 455.55 FEET TO THE POINT OF BEGINNING. CONTAINING 6,946 SQUARE FEET OR 0.16 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. �-;; ��LEGAL DESCRIPTION AND SKETCH OFa-z4—zo PARCEL 105 TCE 2 OF 2 04701tNO INDIAN RIVER COUNTY, FLORIDA - 047035041 250 J1�6 Office Of Attorney's Matters 9/15/2020 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: September 8, 2020 SUBJECT: Unconditional Offer fora Temporary Construction Easement Located at 6600 65th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani Harish and Deepti Sadhwani own a 19.54 acre parcel of property located at 6600 651 Street. The property is located at the northwest corner of 66th Avenue and 65th Street. This site is rectangular in shape with 1,309 feet of frontage along 66th Avenue and is 652 feet deep. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres. The property is improved with 3 -strand barbed wire fencing. There are no structures on the property. The Sadhwanis purchased this property back in 2004 for $760,000, or approximately $37,000 per acre. In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 7.86 acres from the Sadhwanis, 5.28 acres will be used for right- of-way and 2.58 acres will be used for a stormwater retention pond. The Board authorized the Resolution of Necessity and Unconditional Offer at its July 14, 2020 meeting and those documents have been sent to the Sadhwanis. The County also needs to acquire a 15 -foot wide temporary construction easement (TCE) on the Sadhwani property that will run parallel to 65th Street. The TCE is needed to facilitate construction during the course of the project and upon completion of construction, the TCE will expire and the property will revert back to the Sadwani's unencumbered, in fee simple interest. A copy of the sketch and legal description of the 0.16 -acre TCE is attached to this memorandum. A recent appraisal establishes the value of the TCE at $500.00. The TCE will last for two years and at the end of construction will be graded and sodded. A copy of the appraisal 251 is available for review at the Board of County Commissioners' office. The Board is required to make an unconditional offer to the Sadhwanis for the TCE and provide them with a copy of the appraisal on which it is based. In the past, the Board has extended an offer of the appraised value plus 15% in order to defray possible attorney's fees, but in the case of this small TCE, no incentive is recommended. Since the TCE will encumber agriculturally zoned property that is not often used, as opposed to a busy commercial location, staff recommends offering the appraised value of the TCE of $500.00. The Sadhwanis are represented by attorney David Holloway. Funding: Funding in the amount of $500.00 is budgeted and available from Optional Sales Tax/ROW/66th Ave, 49th Street- 69th Street, Account # 31521441-066120-07806. Recommendation: Staff recommends the Board approve an unconditional offer to purchase the necessary temporary construction easement from the Sadhwanis at a price of $500.00. Attachments: Sketch and Legal Description 252 O F U N NORTH LINE TRACT 8 156.01 m w S89'24'50"E 30. I z N co o o i 50' N < o 10'i— w z i 20' — -j3 a Z iM N U Q of z v N O Q Q Ni ml Q i N oOf PARCEL 105 i N 229,791 SQ.FT5.28 ACRES . N J G 150 W � E INDIAN RIVER FARMS CO. m PLAT BOOK 2, PAGE 25 N 0 S 700'(ST, LUCIE) 50'' GRAPH TRACT 8ci N w o i HARISH SADHWANI 32390700001008000002.0 zao J ORB 1818. PG 1661 ��n ( z—. w� inZ��av x– a N p V OD w g W 5 �W� z i z i U oo I i W x pO to N zw 15'TEMPORARY EAST LINETRACT B C CONSTRUCTION o +' N 'EASEMENT .(TCE) 66TH AVE. ui ((p i n3 w 3BASELINE 15.00' S8910'25'E 0. i n47N N8990'25"W 2� i ( i N P.O.B. 455.55' 21.06' —a o R W RESERVATION LINE 30' N89 -10.25"W z 701.57' _65th. STREET - SOUTH LINE TRACT 8 u) - N89'1D'25"W A 12 CANAL Y4 SECTION LINE N 3 I 30' a $ EAST Y4 CORNER ( SECTION 7 � LEGEND "I'Ivl`l This certifies that a /eyof descrpflm and sketch of the property shown SECTION LINE ere hon w mode under my wp&Wsion 'and that Nis logo( descrtptton EASEMENT LINE and sk.Ich moot., th, :t-* ds of practice set forth by the Rorido PROPERTY LINE Soon( of l'+o�:siond Sa )e and MappersCh_yQ♦,A {77. f7orida pursuant AdminWrotfm Code, to Section 472 �FY• d p d — — — PROPOSED RIGHT OF WAY PARCEL shot thre droving is a true and --tor oI"—n 3 lJd bast of my knoMedge and belief. Subpcl jg rt s.n hereon. SA mda — — RIGHT OF WAY LINE RIGHT OF WAY \syn C�— 5179 y 4-4- ORB ORB OFFICIAL RECORDS BOOK � E.C. DEAI=.. P.S.N. NO. 5179 FDOT FLORIDA DEPARTMENT OF -V STATE OF Q= TRANSPORTATION.� SECT. SECTION ^.� $. FLORIDA DA�Q= TE "as 0 Not -fid without the s*ot— and sed and Mapper- IGmley»>Horn-24-20OASLEGAL O MN KeeEY-etlp u„ wnwe�[i K Iee�SItFEl, 91�F_IDa VFIN @'AIX M11A60 e DESCRIPTION AND SKETCH OF PARCEL 105 TCE INDIAN RIVER COUNTY, FLORIDA 1 OF 2 wWM .OFD o¢aEo a• ECA PCi NO. 047035041 253 LEGAL DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT (TCE) ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING .AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE EAST 1/4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 89'10'25" WEST, ALONG THE SOUTH LINE OF SAID TRACT 8, A DISTANCE OF 701.57 FEET TO A POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, LEAVING SAID SOUTH LINE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST LINE OF THE EAST 20 ACRES OF TRACT 8, A DISTANCE OF 80.01 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING ALONG SAID WEST LINE, BEARING NORTH 00-00'25" EAST, A DISTANCE OF 15.00 FEET TO A POINT; THENCE LEAVING SAID WEST LINE, BEARING SOUTH 89'10'25" EAST, A DISTANCE OF 470.55 FEET TO A POINT; THENCE. BEARING SOUTH 4525'00" WEST. A DISTANCE OF 21.06 FEET TO A POINT; THENCE, BEARING NORTH 89'10'25" WEST, A DISTANCE OF 455.55 FEET TO THE POINT OF BEGINNING. CONTAINING 6,945 SQUARE FEET OR 0.16 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) . THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. °" LEGAL DESCRIPTION AND SKETCH OF s"EET —515 °T om m ey* orn s -24 -so oPARCEL 105 TCE 2 OF 2 muex °r io ©— mnzoxpa ua " 4m "c °" T0e Ew "^"TMn^F•°° '°° a°�"° n"�° PR04ECTN' INDIAN RIVER COUNTY, FLORIDA 047035041 wv,mnn�mx.mi 254 /'3C Of Ce Of Attorney's Matters 09/15/2020 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: September 9, 2020 SUBJECT: Acquisition of Right -Of -Way Parcel 109 for Phase III of 66th Avenue Improvements from Christine and Billy Jackson, 6805 66th Avenue Christine and Billy Jackson are the owners of a 1.85 acre parcel of property on the west side of 66th Avenue just south of 69th Street which is depicted on the aerial photo as Figure 1. 44 it 00 od +► rr+A i� Ira Ah -� Figure 1 The Parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This site is improved with a three-bedroom, two bath 1,448 square foot single family residence with a two car garage and a detached barn. The home was built in 1979. 255 Jackson Parcel 109 memo to BCC September 9, 2020 Page 12 Construction plans for this section of 66th Avenue call for the County to acquire 0.48 acres of right-of-way from the Jacksons consisting of a 133' wide by 156' deep strip along the length of the eastern border of the property. A sketch and legal description of the right- of-way is shown below as Figure 2. 0 100 200' GRAPFOC SCALE 100' IW11 DE CR1n IGH7 OF�WAY PARCEL THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED 1N OFFICIAL RECORDS BOOK 432, PAGE 479, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE SOUTH 132 FEET OF THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, F7 IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 20,708 SQUARE FEET OR 0.48 ACRES, MORE OR LESS. SURVEYORS NOTES 1) THIS 15 A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID UNE BEARS NORTH 00.00.25' EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 50' ' O.'n 1�SD•� SECTION UNE JAR 109 LtJ I VI0 N� 7yp� 32390700001001000004.0 N ORB 432, PG 479 n EL 2b,508 SCiFY. - n W d IL 8 A RES' I 46 1 eomd .t Pr.le.mw.el snvey and ar_ M C roPt_ sr -17 R.d. _ 0 f0 Q N'CD � Z I. Q Tj PR/W RIGHT OF BEGINNING ORB OFFICIAL RECORDS BOOK W ��' N N FSI Of INDIAN RIVER FARMS CO. ` PLAT BOOK 2, PAGE 25 g ST rn (ST, LUCIE) 1 NI W i ®� I .S' LEGAL DESCRIPTION AND SKETCH OF 0 100 200' GRAPFOC SCALE 100' IW11 DE CR1n IGH7 OF�WAY PARCEL THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED 1N OFFICIAL RECORDS BOOK 432, PAGE 479, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE SOUTH 132 FEET OF THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, F7 IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 20,708 SQUARE FEET OR 0.48 ACRES, MORE OR LESS. SURVEYORS NOTES 1) THIS 15 A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID UNE BEARS NORTH 00.00.25' EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. The total property needed is ± 26% of the Parcel, leaving a remainder of 1.37 acres. A pre -suit mediation conference was held on June 28, 2019, with Mr. and Mrs. Jackson, 256 LEGEND SECTION UNE EASEMENT UNE -that PROPERTY LINE mi .oren o loom v o.w .teed, or me dee�y Prmorty dw PROPOSED RIGHT OF WAY he,e.n . mad. vndor a d etordo',ne.t. ae . d h�.oeerd ,sheet rotht�n aby eo r PARCEL eomd .t Pr.le.mw.el snvey and ar_ M C roPt_ sr -17 R.d. 3 — — RIGHT OF WAY LINE 47 027. atm S Wtro Me wor N a . o nue �,d P.O.C. POINT OF COMMENCEMENT v<v�v,.o— Bost of my tiwMeev..nd bons. ahbct to noton m d no Mm. onoen PR/W RIGHT OF BEGINNING ORB OFFICIAL RECORDS BOOK n..so,/,. PG PAGE TIIF—TRUSTEES OF THE INTERNAL IMPROVEMENT EG uam-nm P.SM. Na x5 j. / 3 -i FUND (MURPHY RESERVATION) VA W. N.t .mrd .rme„r a...ynoru.e —a me wtv�m rmo.d oem or. nweo z n.a,eea ovr.ow and m ®� ) ,�i�t� LEGAL DESCRIPTION AND SKETCH OF .cs, PARCEL 109 1 OF 1 LD o47ossoa INDIAN RIVER COUNTY, FLORIDA The total property needed is ± 26% of the Parcel, leaving a remainder of 1.37 acres. A pre -suit mediation conference was held on June 28, 2019, with Mr. and Mrs. Jackson, 256 Jackson Parcel 109 memo to BCC September 9, 2020 Page 13 their attorney David Holloway, Rich Szpyrka, and the Deputy County Attorney in attendance. Attorney Randy Brennan was the mediator. At the mediation, the Jacksons expressed the desire to keep the house on the remainder property. County staff expressed concern over keeping the house on the parcel citing a close proximity to the new right-of-way line. After the road and sidewalk are constructed, the front of the house and garage will be about 16 feet from the new property line. In past discussions with the Jacksons and their attorney, they inquired about acquiring the County owned corner lot at the southwest corner of 66th Avenue and 69th Street. In December 2011, the County purchased the corner lot to the north of the Jacksons' parcel for $139,000. The 2.47 acre lot is now vacant and is depicted on the aerial photo as Figure 3. Figure 3 The right-of-way needed for 66th Avenue and 69th Street has not been cut out of the corner lot and after the right-of-way (approximately 0.84 acres) is deducted, the corner lot will be reduced to 1.63 acres. In the recent past, the County has paid $29,880/acre for an arm's length purchase for the Greene property further south on 66th Avenue near 53rd Street. Using this per acre price, the value of the corner lot is estimated at $48,704.00. The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they assigned a value of $50,000 for the 0.47 acres of right-of-way and $170,000 for the entire property. The appraiser retained by the Jacksons valued the Parcel at $482,575 for a partial take and $552,775 for the entire property. After further discussion, the parties reached an agreement where the County would convey the 1.63 acre corner lot (Parcel 112) to the Jacksons and the sum of $220,000 for the needed 0.48 acre right-of-way parcel (Parcel 109). The conditions of the sale are as follows: 1. The County (or its contractor) will construct a 18' driveway to the remainder Parcel 109 and a 18' driveway at the corner lot, Parcel 112. 2. The Jacksons will assume all risks of any drainage issues on Parcels 109 and 112 that may occur as a result of the 66th Avenue improvement project. 257 Jackson Parcel 109 memo to BCC September 9, 2020 Page 14 These conditions were approved by the Public Works Director. Due to the close proximity of the new right-of-way line to the front of the house (about 16 feet), most eminent domain appraisers would deem .the house either a significant or total loss. In arriving at the settlement amount, staff reasoned that its own appraiser deemed. the value of the whole parcel to be $170,000 and that the resale value of the corner lot property would be compromised by its smaller size for the area (less than 5 acres), making it most valuable to nearby property owners like the Jacksons. The Jacksons sought appraisal, engineering and land planning fees in the amount of $22,983.75 which was negotiated downward to $19,540 and attorney's fees pursuant to the eminent domain statute of 33% of the benefit gained for the client ($220,000 - 50,000 '_ $170,000 x 0.33 = $56,100), compromised to $48,000 making the total cost to purchase $287,540.00 In the interest of settlement, Mr. Holloway agreed to waive any right to attorney's fees associated with the non -monetary benefits obtained as a result of acquiring the adjacent property and the driveways listed as a condition of the sale. By purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees that would have been incurred by both parties. Pursuant to eminent domain statutes, the County is responsible for paying reasonable expert witness fees incurred by both parties. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed, depositions of the experts are taken and mediation is held. The County has achieved significant savings in this case by not having to hire our trial witnesses (appraiser, engineer and land planner), outside counsel and compromises on attorney's fees and expert costs. At the conclusion of the mediation conference, the parties entered into a Pre -Suit Mediation Settlement Agreement which is attached to this memo as Exhibit "A". FUNDING: Funding in the amount of $287,540 for this acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave -65th Street -85th Street- Acct#10215141-066120-16009. STAFF RECOMMENDATION: Staff recommends the Board approve conveying the adjacent property to the Jacksons, approve the mediation agreement to purchase the 0.48 -acre Jackson property for $220,000 with the stated conditions, approve costs incurred by the Jacksons of $19,540 and approve the settlement of attorney's fees of $48,000 and authorize the Chairman to execute the Pre -Suit Mediation Settlement Agreement on behalf of the Board. Attachment Pre -Suit Mediation Settlement Agreement Copy to: David Holloway, Esq. 258 INDIAN RIVER COUNTY (hereafter Petitioner) Vs. BILLY W. and CHRITINE JACKSON (PARCEL 109) (hereafter Defendants) PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendants have reached the following agreements in full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Defendants and located at 6805 66th Ave, Vero Beach FL 32967, (Hereafter "Parcel 109") the legal description of which is included on Exhibit A: 1. Within 30 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: a. The Petitioner will pay to the Defendants the total sum of $220,000.00 (Two Hundred Twenty Thousand Dollars); and b. The Petitioner will convey to the Defendants clear title to the real property known as the remainder parcel from Parcel 112, the legal description of which is shown on exhibit B to this Agreement; and c. The Petitioner will pay the Defendants $48,000.00 (Forty Eight Thousand, Dollars) in attorney's fees, including any non -monetary claims for fees; and d. The Petitioner will pay Defendants $19,540.00 (Thirteen Thousand Dollars) in reimbursement for Defendants costs. 2. Within 30 days of the County Commission approving this Agreement as 259 described herein, the Defendants agree to do the following: a. The Defendants will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 109 containing 0.48 acres +/-) 3. The Petitioner agrees to construct a 18' wide driveway from 66th Ave onto Parcel 109 and one on Parcel 112 during the planned 66th Avenue roadway widening project. Depending on the engineering requirements, the driveway may extend into Parcels 109 and 112, in which case Defendants agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. 4. The Defendants agree to assume all risk regarding any drainage issues on Parcels 109 and 112 resulting from the 66' Avenue roadway widening project. 5. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 6. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 7. The Petitioner will pay the entire cost of the mediation. 8. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 260 9. Other agreements: None Done and agreed to on this day of September, 2020 in Vero Beach, Florida. WILLIAM K. DEBRAAL, ESQUIRE Indian River County Attorney BILLY W. JACKSON Defendants/Representative CHRISTINE JACKSON Defendant/Representative DAVID W. HOLLOWAY, ESQUIRE Attorney for Defendants H. RANDAL BRENNAN, MEDIATOR Mediator #:15632CR 261 IN WITNESS WHEREOF, the Board has executed this Presuit Mediated Settlement Agreement as of the date approved below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Susan Adams, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney Approved: By Jason E. Brown County Administrator 262 114c, C September 15, 2020 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 19, 2020 SUBJECT: Discussion on Pine Tree Park Storm Water Drainage FROM: Tim Zorc Commissioner, District 3 Discussion Item: I'd like to discuss having the staff complete an in-depth study of the Pine Tree Park (PTP) drainage situation. The study would include data and drainage elevations from the IR Farms Water Control District and how those elevations partially dictate how we can drain PTP. 263 /qF I BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 264 {6 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 3, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Agreement with Republic Services for City of Palm Bay Recyclables Descriptions and Conditions: On November 19, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) and St. Lucie County (SLC) entered into an Interlocal Agreement for Recycling Services. The Interlocal Agreement formalized the process whereby SWDD is responsible for the transportation cost for delivering recyclables that are generated in IRC to SLC and for SLC to accept the IRC recyclables for sorting, processing, bailing, marketing and selling by SLC. The Interlocal Agreement has an initial term that expires on September 30, 2025, with an automatic five (5) year extension, unless one party gives notice to the other party that it does not wish to extend the Interlocal Agreement. On February 18, 2020, the SWDD Board awarded Bid No. 2020028 for the Transportation of Recyclables from IRC to SLC to Republic Services. Republic Services transfers the recyclables to SLC at a current rate of $13.70 per ton under a purchase order that was issued on April 1, 2020. This transportation agreement remains in effect through September 30, 2020, and is eligible to be renewed annually through September 30, 2025, if the contractor is performing in accordance with SWDD standards. For background purposes, Republic Services currently operates the IRC Recycling Transfer Facility under the Solid Waste Operations and Maintenance Agreement (O&M Agreement), which expires on December 31, 2024. On August 15, 2020, the IRC SWDD Board acknowleged the request by Republic Services to bring recyclables from the City of Palm Bay to the IRC Recycling Transfer Facility starting on October 1, 2020, and authorized staff to negotiate a formal agreement with Republic Services for SWDD Board approval at a future public meeting. The SWDD Board also directed staff to negotiate an amendment to the Interlocal Agreement with St. Lucie County for the acceptance of the additional recyclables at their St. Lucie County Recycling Faciilty. Note, Republic Services was awarded the Materials Management Agreement by the City of Palm Bay on June 1, 2020, and it commences on October 1, 2020. The purpose of this agenda item is to obtain SWDD Board approval for the attached Recyclables Transfer and/or Disposal Procurement Agreement (T&D Agreement) with Republic Services. 265 Analysis: Staff and Republic Services have negotiated in good faith to present the attached T&D Agreement with the objective of 1) providing a transfer station to support a neighboring inter -county municipality, City of Palm Bay 2) protecting the environment in providing a recycling solution and 3) providing a financial benefit for SWDD and SLC. The following summarizes the key elements of the T&D Agreement: Term: The initial term for this agreement is effective October 1, 2020, and runs five (5) years to September 30, 2025. There is a five-year bi-lateral renewal to run concurrently with Republic Services' existing 10 -year contract with the City of Palm Bay through September 30, 2030, contingent on an approved amendment between IRC and SLC. Title: The title to the loads of recyclables from the City of Palm Bay shall remain with Republic Services and never pass to SWDD or IRC. Payment: The following fees are established as a payment from Republic Services to SWDD: 1. Republic Services shall pay a transfer station fee of $90.00 per ton for Recyclable Materials delivered to the SWDD's Recycling Transfer Station at the IRC Landfill. The approximate tonnages of recyclable materials from the City of Palm Bay are 8,000 tons annually, which escalate yearly with a maximum set to 10,000 tons annually. 2. Republic Services shall pay a disposal fee of $70.00 per ton for contaminated loads, which are non -conforming materials within a load of source separated single stream recyclable material. A procedure has been established in the T&D Agreement to identify and reject non -conforming materials. In the event that SLC issues a suspension from accepting recyclables from SWDD for up to and including ten (10) business days, then SWDD would allow Republic Services the option to remove or dispose of the materials in the IRC Landfill. 3. Republic Services shall pay an alternate transfer station fee of $5.00 per ton for the use of SWDD's Recycling Transfer Station to bring the recyclables from the City of Palm Bay to an alternate processing facility in the event that SLC issues a suspension from accepting recyclables from SWDD for up to and including ten (10) business days and for a maximum period of six months. Facility Transition Assistance: A provision is included in the T&D Agreement for SWDD and Republic Services to discuss assistance from Republic Services for the relocation of the existing single stream transfer station through a separate Memorandum of Understanding. SWDD's Materials to an Alternate Facility: In the event that SLC issues a suspension from accepting recyclables from SWDD, a provision is included in the T&D Agreement for SWDD and Republic Services to address the cost for the transportation and processing for a period of up to 266 six months if SWDD, at its sole discretion, directs SWDD's own recyclables to an alternate processing facility. This will require a waiver of the requirement for bids by the SWDD Board. Staff reached out to St. Lucie County and has obtained an amendment to the interlocal agreement for St. Lucie County to accept the additional tons from the City of Palm Bay via IRC at a processing rate of $45 per ton. A separate agenda item is provided for approval of this Interlocal amendment. The following table illustrates the potential financial impact to SWDD: Source Tons Rate (perton) Revenue Republic Services via City of Palm Bay 8,000 $90 $720,000 Processing Share to St. Lucie County 8,000 -$45 -$360,000 Transportation Cost to St. Lucie County 8,000 -$13.70 -$109,600 Net Revenue from Republic Services:. $250,400 Current Transportation Cost to St. Lucie County 1 20,000 1 $13.70 $274,000 Less Net Revenue from Republic Services -250,400 Revised SWDD Current Transportation Cost: $23,600 Based on historical data, SWDD anticipates expending roughly $274,000 to transport recyclables to St. Lucie County. The potential additional revenue from Republic Services would reduce those costs to $23,600, thus creating a net savings of $250,400. Staff supports and recommends approval of the attached Recyclables Transfer and/or Disposal Procurement Agreement with Republic Services. Funding: This is primarily an additional revenue source to SWDD and will overall help reduce our costs; however, from an operating budget perspective, the acceptance of additional tons from the City of Palm Bay will result in an increase in the transportation costs to St. Lucie County. Specifically, using 28,000 tons per year times $13.70 per ton results in a total transportation cost of $383,600. Additionally, SWDD will need to pay St. Lucie County a rate of $45 per ton, or approximately $360,000 per year, for the processing of the approximately 8,000 tons of recyclables from the City of Palm Bay. For Fiscal Year 2020/21, funding for the SWDD Recycling services in the amount of $300,000 is proposed in the SWDD recycling account, which is funded from SWDD assessments and user fees. Description Reason Account Number Amount Other Contractual Services Transportation 41125534-033490 $109,600 Other Contractual Services Processing 41125534-033490 $360,000 Total = $469,600 The approval of a final agreement with Republic Services and approval of the amendment to the Interlocal agreement with St. Lucie County will require a budget amendment to increase funding in this account by $469,600. However, as stated above, these additional funds will be covered by the additional potential revenues and will not impact the SWDD assessments and user fees. 267 Recommendation: Solid Waste Disposal District (SWDD) staff recommends the SWDD Board approve the Recyclables Transfer and/or Disposal Procurement Agreement with Republic Services to bring recyclables from the City of Palm Bay to the Indian River County Recycling Transfer Facility starting on October 1, 2020; and authorize the Chair to execute the agreement and all other documents necessary to effectuate the agreement, after review and approval by the County Attorney. Attachment: 1. Recyclables Transfer and/or Disposal Procurement Agreement with Republic Services 268 RECYCLABLES TRANSFER AND/OR DISPOSAL PROCUREMENT AGREEMENT THIS RECYCLABLES TRANSFER AND/OR DISPOSAL PROCUREMENT AGREEMENT ("Agreement" or "Contract") is entered into this day of September, 2020 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27`x' Street, Vero Beach, Florida, ("SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 ("REPUBLIC") RECITALS WHEREAS, on August 18, 2020, the SWDD Board acknowledged the request by REPUBLIC to bring single stream recyclables from the City of Palm Bay to the Recycling Transfer Facility at the Indian River County Landfill located at 1325 74' Avenue SW, Vero Beach, Florida, 32968; and WHEREAS, under an existing purchase order issued by SWDD to REPUBLIC, recyclables are transferred from SWDD's Recycling Transfer Facility to the Recycling Processing Facility owned and operated by St. Lucie County at 6120 Glades Cut -Off Road, Ft. Pierce, Florida 34981; and WHEREAS, under an Interlocal Agreement for Recycling Services, St. Lucie County accepts and processes the recyclables received from SWDD's Recycling Transfer Facility; and WHEREAS, SWDD and REPUBLIC have mutually agreed to enter into this Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. General Conditions: Contract Effective Date: October 1, 2020 Term of Contract: The initial term of this Agreement shall expire on September 30, 2025. At the end of the initial term, this Agreement shall be renewed and extended automatically, without any further action by either Party, for an additional term of five years, unless one Party provides notice to the other Party on or before November 1, 2024 that it does not wish to extend this Agreement. Unit of Measure for Billing: Ton - unit of weight in the avoirdupois system equal to 2, 000 pounds (907.18 kg) in the United States (the short ton). Transfer Station Fee: $90.00 Per Ton for Recyclable Materials delivered to the SWDD's Recycling Transfer Station. 269 Disposal Fee: $70.00 Per Ton for Contaminated Loads delivered to the IRC Landfill. Invoice Period: All Payments Are Due Within 30 Days after Receipt of Invoice Estimated Volume: 8,000 Tons Per Year (Average Acceptable Material) 10,000. Tons Per Year (Maximum Acceptable Material) 3. Definitions: a. Acceptable Material means a Load of Program Materials, which does not have an Excessive Amount of Non -Conforming Materials. b. Business Da v means every day other than a Saturday, Sunday or a day on which banks are required or authorized by law or executive order to close in the State of Florida. c. Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that twenty-five percent or more of the Load is comprised of Non -Conforming Material. d. Facility means the SWDD's Recycling Transfer Facility. e. Loads means the Recyclable Materials and other cargo in a truck or tractor -trailer that transports Recyclable Materials to the Facility. f. Non -Conforming Material means any material that is not a Program Material. Non -conforming Material also includes but is not limited to: (a) any Program Material that is mixed with or contaminated by solid or liquid waste; and (b) any Program Material that cannot be processed at St. Lucie County's Processing Facility or cannot be sold because it is too wet, too old, or otherwise in unacceptable condition. g. Program Materials means those Source Separated Recyclable Materials collected within the City of Palm Bay by REPUBLIC that SWDD will accept for delivery at the Facility. The current list of Program Materials is contained in Exhibit A. h. Recyclable Material means those materials that are capable of being recycled. All references to Acceptable Material, Loads, Program Materials, Non -Conforming Material and Recyclable Material shall pertain to City of Palm Bay, unless otherwise designated as being from SWDD. 4. Delivery of Materials: REPUBLIC may deliver up to the Maximum Volume of Acceptable Material and SWDD agrees to accept all Acceptable Material at the Facility. REPUBLIC may deliver in excess of the Maximum Volume of Acceptable Material only upon written approval from SWDD. REPUBLIC shall cooperate with SWDD's designated representative that operates and maintains the SWDD's Recycling Transfer Facility and with SWDD's designated representative that transfers the Program Materials to the St. Lucie Recycling Processing Facility. REPUBLIC is responsible for all costs including fuel and labor associated with the receiving and loading of Program Materials at the Facility. 270 5. Delivery Procedures; Operation of the Landfill/Transfer Station: (a) Reserved. (b) Compliance with Applicable Laws. REPUBLIC shall deliver Loads of Acceptable Materials to the Facility in compliance with all then -applicable federal, state and local laws, regulations, ordinances, rules, permits, licenses, and governmental orders or directives (collectively "Applicable Laws"). SWDD, or its designated representative, shall manage the Facility and handle all Acceptable Materials and dispose of any Non -Conforming Materials delivered by REPUBLIC in accordance with all Applicable Laws. (c) Title to Loads. Title to, and risk of loss and responsibility for, Loads delivered to the Facility shall never pass to SWDD or Indian River County. 6. Reserved 7. Disposal Fees and Payments: (a) Fees. REPUBLIC shall pay SWDD a transfer fee (the "Transfer Station Fee") for all Acceptable Material delivered to and accepted at the Facility. In addition to the Transfer Fee, REPUBLIC shall pay a disposal fee (the "Disposal Fee") for all Non -Conforming Material and such other fees as specified above, if any. The Indian River County Scalehouse shall be used for the weighing of all Acceptable Material and Non -Conforming Material to determine the total monthly quantity for billing purposes. Notwithstanding anything to the contrary set forth in this Agreement or otherwise, the Transfer Fee, as well as any other amounts REPUBLIC is to pay to SWDD hereunder, shall be increased every year using 100 percent change in the Consumer Price Index (CPI), specifically, the Urban Consumers Index, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Southern States. (b) Payment. SWDD shall transmit an itemized invoice to REPUBLIC, in form and substance satisfactory to REPUBLIC, of all Transfer Fees and Disposal Fees and other charges under this Contract on a periodic basis as indicated above. REPUBLIC shall pay all invoices within the time period indicated above. If REPUBLIC does not make payment within thirty days of such date, REPUBLIC shall pay a late payment fee in an amount of 1.5% per month. REPUBLIC may set off against any amounts owed under this Contract any amounts due REPUBLIC arising under this Contract. (c) Taxes. In addition to the Transfer Station Fee, Alternate Transfer Station Fee and Disposal Fee, REPUBLIC shall pay all federal, state, local or other taxes, fees, surcharges or similar charges related to the disposal of Acceptable Material that are imposed by law, ordinance, regulation, agreement with a governmental authority, governmental audit or otherwise. 8. Insurance: During the term of this Agreement, REPUBLIC shall maintain the following insurance: Workers' Compensation: Amount: Coverage A Statutory Coverage B — Employer's Liability $2,000,000 each Bodily Injury by Accident $2,000,000 policy limit Bodily Injury by Disease $2,000,000 each occurrence Bodily Injury by Disease Automobile Liability: 271 Bodily Injury/Property Damage Combined — Single Limit Commercial General Liability: Bodily Injury/Property Damage Combined — Single Limit Pollution Legal Liability: $3,000,000 Coverage applies to all owned, non -owned, hired and leased vehicles (including trailers) $5,000,000 each occurrence, or, $10,000,000 general aggregate $5,000,000 The insurance carriers providing the coverage required by this Section shall be rated at least A- VII by A.M. Best. REPUBLIC shall deliver the Certificates of Insurance evidencing the foregoing policies to SWDD before REPUBLIC delivers any Loads to the Facility pursuant to this Contract. The Certificates and the insurance policies required by this Section shall contain a provision that provides that the insurance coverage afforded under the policies will not be canceled or non -renewed until at least 30 days prior written notice has been given to SWDD, excluding workers' compensation and pollution legal liability. With the exception of the workers' compensation policy and the pollution legal liability policy, SWDD and its shareholders, partners, officers, directors, divisions, subdivisions, affiliates, agents, employees, successors and assigns shall be shown as additional insureds under all of the insurance policies required by this Section. The policies required by this Section shall be primary and the insurance providers shall agree to waive their rights of subrogation against SWDD and its shareholders, partners, officers, directors, divisions, subdivisions, affiliates, agents, employees, successors and assigns, excluding pollution legal liability. 9. Changes and Amendments to Contract: This Contract may be changed at any time but only upon the mutual agreement of the Parties and the execution of a written amendment signed by the authorized representatives of both Parties. 10. Non -Conforming Material Rejection Procedure: SWDD, or its designated representative, shall have the right to reject Non -Conforming Materials in the manner set forth in Exhibit "B". 11. Termination and/or Suspension: (a) Either Party may terminate this Agreement for convenience, with or without cause, after giving written notice to the other Party. If a Party gives notice that it wishes to terminate this Agreement for convenience, the termination shall be effective 180 days after the notice of termination is delivered to the other Party. If the Interlocal Agreement for Recycling Services between SWDD and St. Lucie County is terminated for any reason, SWDD has the right to terminate this Agreement, with advanced notice to Republic, with an effective date being the effective date of the termination of the Interlocal Agreement for Recycling Services between SWDD and St. Lucie County. (b) If St. Lucie County issues a suspension from accepting the Program Materials from SWDD for any length of time exceeding ten (10) business days, then, for a period of up to six months, REPUBLIC shall provide an Alternate Processing Facility with the terms defined in Exhibit "C" for all Acceptable Material delivered to SWDD's Recycling Transfer Facility. (c) If St. Lucie County issues a suspension from accepting the Program Materials from SWDD for up to and including ten (10) business days and REPUBLIC does not take the Program Materials 272 to an Alternate Processing Facility, REPUBLIC shall pay the Alternate Transfer Station Fee as set forth in Exhibit "C" and may either remove the Program Materials at its own cost, including fuel and labor, or REPUBLIC shall pay the Disposal Fee for the Loads to be delivered to the IRC Landfill. 12. Responsibilities for Employment Taxes, Personal Iniuries and Damages: (a) Each Party shall be responsible for all employment taxes for its respective employees. (b) REPUBLIC agrees to indemnify, defend and hold harmless SWDD, its commissioners, officers, employees, agents, contractors, successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, judgments, debts, expenses or other liabilities of whatsoever kind or nature, to the extent caused by or resulting from (i) any negligence or willful misconduct of REPUBLIC, its employees and agents in connection such party's performance under this Contract, or (ii) a breach of any of the covenants, agreements, representations or warranties of such party set forth in this Contract. (c) Except as expressly stated in these standard terms, no indemnification obligations shall exist between REPUBLIC and SWDD. 13. Facility Transition Assistance: REPUBLIC supports the need by SWDD to upgrade the current Facility to a more permanent facility to avoid the loss of materials due to weather. Republic Services is open to discussing some transition cost assistance with the relocation of the existing single stream transfer station. This discussion will be addressed separately through a Memorandum of Understanding between SWDD and REPUBLIC. Any operational changes requiring additional services by REPUBLIC, if any, under that agreement will also be addressed separately. 14. General: (a) Independent Contractor. Each party hereto shall perform their obligations under this Contract as independent contractors. Neither party hereto, nor any of its employees, agents or subcontractors, shall be, purport to be, or be deemed, the agent of the other party hereto. (b) Assignment; Binding_ Effect. Neither party hereto may assign this Contract without the other party's prior written consent; provided, however, either party hereto may, without the prior consent of the other party hereto, assign this Contract to a subsidiary of the assigning party or its parent company, or to a successor -in -interest in such party's business. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assignees. (c) Entire Agreement. This Contract supersedes all prior agreements, written or oral, with respect to the subject matter of this Contract. (d) Severability. If any one or more of the provisions contained in this Contract is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Contract, and all other provisions shall remain in full force and effect. 273 (e) Waiver. No delay or omission by a party hereto in exercising any right under this Contract will operate as a waiver of that or any other right. A waiver or consent given by a party hereto on any occasion is effective only on that occasion and not any other. (f) Excusable Delays. Neither party hereto shall be liable for its failure to perform hereunder if performance is prevented by contingencies beyond its reasonable control, including, but not limited to, riots, war, fire, strikes, acts of God or changes in applicable law or regulations. (g) Governing Law, Venue. This Contract shall be governed by the laws of Florida. Venue for any dispute shall be in Indian River County, Florida. [Signature Page To Follow] 274 IN WITNESS WHEREOF, the parties hereto have executed this Contract by their respective duly authorized officers to be effective as of the date above. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency By: Dylan Reingold, County Attorney (Owner) Solid Waste Disposal District Indian River County, Florida Susan Adams, Chairman Republic Services of Florida, Limited Partnership ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Signature: Date: Print Name: Print Title: 275 EXHIBIT "A" LIST OF PROGRAM MATERIALS The following list of Program Materials are accepted by the St. Lucie Processing Facility: Bottles, Containers, Jars, Jugs Made of Plastic #1-#7 or Glass. Examples include, but are not limited to: plastic soft drink bottles, water bottles, sports drink bottles, mouthwash bottles, salad dressing bottles, peanut butter jars, Milk jugs, shampoo bottles, laundry detergent bottles, yogurt and margarine tubs. Empty & Rinse. NO Plastic Bags. Aluminum Beverage & Food Cans made of Aluminum. Examples include, but are not limited to: aluminum beverage containers, food trays without food residue, sheets and flexible containers. Empty, Rinse & Recycle. Steel and Tin Cans Beverage & Food Cans made Steel or Tin. Examples include, but are not limited to: empty steel and tin aerosol cans, bi-metal containers, lids composed primarily of whole iron or steel. Paper. labels are acceptable. Aerosol cans containing household hazardous material are not acceptable. Empty, Rinse & Recycle. Cardboard Moving, Shipping, Shoe Boxes, etc. Remove Packing Material/Plastic Wrap and Flatten. NO Greasy Pizza Boxes. Paper Catalogs & Magazines, Envelopes, Mail, Newspaper & Inserts, Office & Writing Paper, Postcards, telephone books. Clean, Dry & Flat. NO Shredded Paper. Paperboard Boxes Cereal, Cracker, Pasta, Snack Boxes, etc. Remove Plastic Bags & Plastic Wrap. Cookie Sheets, Lids, Pots & Pans made of metal The following more stringent list of Program Materials are being accepted from the City of Palm Bay: Mixed paper, Old Corrugated Cardboard (OCC), #1 and #2 plastic, Aluminum and Tin 276 EXHIBIT "B" PROCEDURES FOR REJECTING NON -CONFORMING MATERIALS 1. SWDD shall have the right to reject any item, material, Load, or partial Load of Program Materials that REPUBLIC delivers to the Facility if SWDD believes the item, material, Load, or partial Load is solid waste, hazardous waste, toxic waste, radioactive waste, biomedical waste, or other type of large or unsafe Non -Conforming Material that St. Lucie cannot safely, lawfully, or efficiently process at its Facility. 2. Subject to the conditions in the Agreement and this Exhibit "B," SWDD, or its designated representative, shall have the right to reject any Load of material tendered by REPUBLIC at the Facility if SWDD determines that the Load contains an Excessive Amount of Non -Conforming Material. Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that 25% or more of the Load is comprised of Non -Conforming Material. The 25% threshold may be based on volume or weight, as SWDD, or its designated representative, deems appropriate under the circumstances. When determining whether the Load exceeds this threshold, SWDD, or its designated representative, may rely on a visual observation and good faith estimate concerning the volume or weight of the Non - Conforming Material. At its option, SWDD may weigh or measure the Non -Conforming Material in the Load, but SWDD is not obligated to do so. 3. If SWDD, or its designated representative, decides to reject a Load of Recyclable Material that has been delivered to the Facility by REPUBLIC, SWDD, or its designated representative, shall: (a) isolate the Load and the delivery truck at the Facility; and (b) take several representative photographs of the Load and delivery truck from different perspectives. SWDD shall send the photographs to REPUBLIC via electronic mail ("e-mail"), which shall include a statement notifying REPUBLIC that SWDD has rejected the Load depicted in the photographs and asses a "Disposal Fee" as set in the Agreement. Republic will have the right to visually inspect the Load at the Facility before SWDD takes any action with respect to the Load. Republic may, at its sole discretion, dispose of the Load at a disposal facility of its choice; however, the Load of Non -Conforming Materials must be removed from the Facility within five (5) business days. For the purposes of this Exhibit "B", SWDD's e-mail shall be addressed to the General Manager of REPUBLIC and a copy shall be addressed to the General Manager's designee. 277 EXHIBIT "C" ALTERNATE PROCESSING FACILITY 1. In the event St. Lucie County issues a suspension from accepting Program Materials from SWDD for any length of time exceeding ten (10) business days, then, for a period of up to six months, REPUBLIC shall provide an Alternate Processing Facility with the terms as follows: (a) SWDD shall continue to allow REPUBLIC to transfer Program Materials from the City of Palm Bay to SWDD's Recycling Transfer Facility such that all Acceptable Materials are diverted to an Alternate Processing Facility. (b) REPUBLIC shall pay an "Alternate Transfer Station Fee" of $5 per ton for all Program Materials from the City of Palm Bay. (c) If SWDD, at its sole discretion, directs SWDD's own Program Materials to an Alternate Processing Facility, then the cost for the transportation and processing of SWDD's own Program Materials will be addressed between SWDD and REPUBLIC through an existing separate agreement. (d) The "Disposal Fee" shall remain as is. (e) REPUBLIC is responsible for all costs including fuel and labor associated with the receiving and loading of Program Materials at the Facility as well as any costs associated with the transferring of Program Materials from the Facility to an Alternate Processing Facility. 278 EXHIBIT "D" CALCULATION OF RATE ADJUSTMENT One Hundred Percent (100%) of the rate adjustment shall be based on the change in the Consumer Price Index (CPI). Specifically, the Urban Consumers Index, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Southern States. The contract rates starting on October 1, 2020 shall remain through September 30, 2021. The first adjustment shall be effective October 1, 2021 and the adjustment shall be computed as follows: the net percentage change shall be 100 percent of the difference between the CPI as of the immediately preceding January and the second preceding January divided by the CPI as of the second preceding January. If the designated index is discounted or substantially altered, Owner may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (3.0%) of the previous rate. No adjustment for a negative CPI. FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT Annual Adjustment (as a Percentage) AA = (((CPI2 - CPI1) / CPI I) x 100)); New Rate = Round ((Current Rate + AA*Current Rate), 2) Where: "CPI I" = published CPI average for the month of January of the prior year "CPI2" = published CPI average for the month of January of the current year SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE Assumptions: Current Rate = $90.00 CPI1 = 242.547 CPI2 = 248.005 Annual Rate Adjustment = (248.005-242.547)/ 242.547) x 100 = 2.25% Annual Rate Adjustment of 2.25% is less than 3.0%, the maximum allowed. New Rate = ROUND (($90.00 + 0.0225*$90), 2) = $92.03 Annual Rate Adjustment is subject to the approval of the County Administrator or his designee. 279 15b-; Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 2, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: First Amendment to the Interlocal Agreement with St. Lucie County Descriptions and Conditions: On November 19, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) and St. Lucie County (SLC) entered into an Interlocal Agreement for Recycling Services. The Interlocal Agreement formalized the process whereby SWDD is responsible for the transportation cost for delivering recyclables that are generated in IRC to SLC and for SLC to accept the IRC recyclables for sorting, processing, bailing, marketing and selling by SLC. The Interlocal Agreement has an initial term that expires on September 30, 2025, with an automatic five (5) year extension, unless one party gives notice to the other party that it does not wish to extend the Interlocal Agreement. On February 18, 2020, the SWDD Board awarded Bid No. 2020028 for the Transportation of Recyclables from IRC to SLC to Republic Services. Republic Services transfers the recyclables to SLC at a current rate of $13.70 per ton under a purchase order that was issued on April 1, 2020. This transportation agreement remains in effectthrough September30, 2020, and can be renewed annuallythrough September30, 2025, upon satisfactory performance by the transportation vendor. Republic Services currently operates the IRC Recycling Transfer Facility under the Solid Waste Operations and Maintenance Agreement (0&M Agreement) which expires on December 31, 2024. On August 18, 2020, the IRC SWDD Board acknowleged the request by Republic Services seeking to bring recyclables from the City of Palm Bay through the IRC Recycling Transfer Facility and then unto SLC for processing starting on October 1, 2020. The SWDD Board authorized staff to negotiate a formal agreement with Republic Services forSWDD Board approval at a future public meeting. The SWDD Board also directed staff to negotiate an amendment to the Interlocal Agreement with St. Lucie County that would allow SLC to accept additional recyclables at their recycling processing faciilty. Staff has received and reviewed the attached First Amendment to the Interlocal Agreement with St. Lucie County and recommends approval by the SWDD Board. Analysis: The First Amendment to the Interlocal Agreement includes a single new section, which states that IRC shall pay a fee of $45 per ton to SLC for each ton of recyclables that are generated from the City of Palm Bay and that are weighed and brought through the IRC Transfer Facility to the SLC Facility. 280 Based on an average estimate of 8,000 tons per year, it is estimated that IRC will pay SLC approximately $360,000 per year for this material. However, since IRC will be paid $90 perton by Republic Services forthe recyclables that are generated in the City of Palm Bay, overall, this will be a net neutral impact to IRC. Although IRC is also responsible forthe transportation of the estimated 8,000 tons per year at a cost of $13.70 per ton or $109,600, this will also be a net neutral impact to IRC as the revenue from Republic Services will offset these costs. The following table illustrates the potential financial impact to SWDD: Source Tons Rate (perton) Revenue Republic Services via City of Palm Bay 8,000 $90 $720,000 Processing Share to St. Lucie County 8,000 -$45 -$360,000 Transportation Cost to St. Lucie County 8,000 -$13.70 -$109,600 Net Revenue from Republic Services: $250,400 Current Transportation Cost to St. Lucie County 20,000 $13.70 $274,000 Less Net Revenue from Republic Services -250,400 Revised SWDD Current Transportation Cost: $23,600 Based on historical data, SWDD anticipates expending roughly $274,000 to transport IRC recyclables to St. Lucie County. The potential additional revenue from Republic Services would reduce those cost to $23,600, thus creating a net savings of $250,400. Staff supports and recommends approval of the attached Recyclables Transfer and/or Disposal Procurement Agreement with Republic Services. Funding: This is primarily a potential revenue source to SWDD and will overall help reduce costs; however, from an operating budget perspective, the acceptance of additional tons from the City of Palm Bay will result in an increase in the transportation costs to St. Lucie County. Specifically, using 28,000 tons per year time $13.70 perton results in a total transportation cost of $383,600. Additionally, SWDD will need to pay St. Lucie County a rate of $45 per ton or approximately $360,000 per year for the processing of the approximately 8,000 tons of recyclables from the City of Palm Bay. For Fiscal Year 2020/21, Funding for the SWDD Recycling services in the amount of $300,000 is proposed in the SWDD recycling account, which is funded from SWDD assessments and user fees. Description Reason Account Number Amount Other Contractual Services Transportation 41125534-033490 $109,600 Other Contractual Services Processing 41125534-033490 $360,000 Total = $469,600 The approval of a recyclables transfer/dispoal agreement with Republic Services and approval of the First Amendment to the Interlocal Agreement with St. Lucie County will require a budget amendment to increase funding in this account by $469,600. However, as stated above these additional funds will be covered by the additional potential revenues and will not impact the SWDD assements and user fees. 281 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that the SWDD Board approve the First Amendment to the Interlocal Agreement for Recycling Services with St. Lucie County; and authorize the Chairto execute the Amendment after review and approval by the County Attorney and upon legal review and approval of the Amendment by the St. Lucie County Board of County Commissioners. Attachment: 1. First Amendment to the Interlocal Agreement for Recycling Services with St. Lucie County 282 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR RECYCLING SERVICES This First Amendment to Interlocal Agreement for Recycling Services ("Amendment") is made and entered into this day of , 2020 ("Effective Date"), by and between St. Lucie County, a political subdivision of the State of Florida ("St. Lucie"), and Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("Indian River"). RECITALS WHEREAS, the Florida Interlocal Cooperation/Act �bf 1969 (Section 163.01, Florida Statutes) authorizes local governments "to make the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby to provide services and facilities\in a manner" that will benefit both communities; and WHEREAS, Indian River and St. Luc Recycling Services ("Agreement')that beta WHEREAS, under the Agreement; In to St. Lucie's recycling facility ("Facility") anc from the sale of those Recyclable Materials; WHEREAS, If ndian River�also wo lu d\ Recyclable Materials that that Services ("Palm Bay") and transport to Indian River's e entered into �an Interlocal\Agreement for me,effective on November�l 2019; thanRiver delivers its Recyclable Materials St. Lucie'shares the revenues it obtains and/ ike to`provide St. Lucie's Facility with will collect in -the City of Palm Bay, Florida ,Recycling Transfer Facility; and WHEREAS Indian Rivers, willing to�provide Palm Bay's Recyclable Materials to St. Lucie,.and St. Lucie' -is willing to receive4Palm Bay's Recyclable Materials, subject to rm the tes\and conditions n this"Am�endment. NOW; THEREFORE;, in\consideration of the promises and mutual covenants set forth herein, there receipt and sufficiency of which are hereby acknowledged, St. Lucie and Indian River agree to comply with and be bound by the following terms and conditions: Section 1. The Agreement is hereby amended by adding a new Section 17, which shall read as follows: Section 17: Recyclable Materials from City of Palm Bay, Florida. If Indian River receives Recyclable Materials generated in the City of Palm Bay, Florida ("Palm Bayl Indian River may combine Palm Bay's Recyclable Materials 283 with Indian River's Recyclable Materials and then deliver the combined materials to St. Lucie's Facility. At its option, Indian River also may deliver segregated Loads of Palm Bay's Recyclable Materials to St. Lucie's Facility. In all such cases, Indian River and St. Lucie shall accept, process, and otherwise manage such materials in compliance with the terms and conditions in Sections 1 through 16 of this Agreement. However, notwithstanding anything else contained in this Agreement: (a) Indian River shall pay a fee of $45.00 to St. Lucie for each ton of Palm Bay's Recyclable Materials that is delivered to and processed at St. Lucie's Section 2. Continuing Effect of All of the terms and con`,dittc and effect, except as expressly modified Section 3. Filina_with Cle` tt Pursuant to Section163.01(1,1); Florida: in the,) this Am amendments shall'be fled with 1th'e Clerk of the with the Clerk of the Circuit Court of Indian Riv( subsequent amendments,shall not -become effE Eachartystiall be, responsible/f0 esponsible for the'cost'of respective Clerk. E t shall remain in full force ent. this Amendment and all subsequent Circuit Court of St. Lucie County and r County. This Amendment and ctive until they are filed with both clerks. ecording such documents with their 284 IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE .COUNTY, FLORIDA Deputy Clerk AN DATE: Chair i APPROVED AS TO+ORM AND CORRECTNESS: BY: `County Attorney ATTEST:j T SOLID WASTE DISPOSAL DISTRICT Jeffrey R. Smith, Clerk of Court and INDIAN RIVER COUNTY, FLORIDA Comptroller,-__ `-BY: Deputy Clerk ��) Chairman (SEAL) DATE: APPROVED AS TO FORM AND CORRECTNESS: By: Jason E. Brown, County Administrator BY: Dylan Reingold, County Attorney 285